AMEDISYS INC: Faces Wage and Hour Class Suit in Connecticut-----------------------------------------------------------Amedisys, Inc., is facing a class action lawsuit in Connecticutalleging wage and hour law violations, according to the Company'sAugust 7, 2012, Form 10-Q filing with the U.S. Securities andExchange Commission for the quarter ended June 30, 2012.

On July 25, 2012, a putative collective and class action complaintwas filed in the United States District Court for the District ofConnecticut against the Company in which three former employeesallege wage and hour law violations. The former employees claimthey were paid under both a per-visit and an hourly basis, therebymisclassifying them as exempt employees and entitling them toovertime pay. The plaintiffs allege continuing violations offederal and state law and seek damages under the Fair LaborStandards Act ("FLSA"), as well as under the Pennsylvania MinimumWage Act. Plaintiffs seek class certification of similaremployees and seek attorneys' fees, back wages and liquidateddamages going back three years under the FLSA and three yearsunder the Pennsylvania statute.

Amedisys, Inc. -- http://www.amedisys.com/-- is one of America's leading home health and hospice companies. The company isheadquartered in Baton Rouge, Louisiana.

AMEDISYS INC: Plaintiffs Seek Reconsideration of Suit Dismissal---------------------------------------------------------------Plaintiffs in a consolidated securities class action againstAmedisys, Inc. seek reconsideration of the dismissal of theirlawsuit, according to the Company's August 7, 2012, Form 10-Qfiling with the U.S. Securities and Exchange Commission for thequarter ended June 30, 2012.

Securities Class Action Lawsuits

On June 7, 2010, a putative securities class action complaint wasfiled in the United States District Court for the Middle Districtof Louisiana against the Company and certain of its current andformer senior executives. Additional putative securities classactions were filed in the United States District Court for theMiddle District of Louisiana on July 14, July 16, and July 28,2010.

On October 22, 2010, the Court issued an order consolidating theputative securities class action lawsuits and the FederalDerivative Actions for pre-trial purposes. In the same order, theCourt appointed the Public Employees Retirement System ofMississippi and the Puerto Rico Teachers' Retirement System as co-lead plaintiffs (together, the "Co-Lead Plaintiffs") for theputative class. On December 10, 2010, the Court also consolidateda class action lawsuit alleging violations of the EmployeeRetirement Income Security Act with the putative securities classactions and Federal Derivative Actions for pre-trial purposes.

On January 18, 2011, the Co-Lead Plaintiffs filed an amended,consolidated class action complaint (the "Securities Complaint")which supersedes the earlier-filed securities class actioncomplaints. The Securities Complaint alleges that the defendantsmade false and/or misleading statements and failed to disclosematerial facts about the Company's business, financial condition,operations and prospects, particularly relating to its policiesand practices regarding home therapy visits under the Medicarehome health prospective payment system and the related allegedimpact on its business, financial condition, operations andprospects. The Securities Complaint seeks a determination thatthe action may be maintained as a class action on behalf of allpersons who purchased the Company's securities between August 2,2005, and September 28, 2010, and an unspecified amount ofdamages.

All defendants previously moved to dismiss the SecuritiesComplaint. On June 28, 2012, the United States District Court forthe Middle District of Louisiana granted the defendants' motion todismiss the Securities Complaint. On July 26, 2012, the Co-LeadPlaintiffs filed a motion for reconsideration. Through thatmotion, the Co-Lead Plaintiffs have asked the Court to rescind itsJune 28, 2012 dismissal order and to reverse its decision to grantthe Defendants' motion to dismiss. In the alternative, the Co-Lead Plaintiffs have asked the Court to modify its dismissal orderto grant Co-Lead Plaintiffs permission to file a second amendedcomplaint. Defendants have not yet responded to the motion forreconsideration.

Derivative Actions

On July 2, 2010, an alleged shareholder of the Company filed aderivative lawsuit in the United States District Court for theMiddle District of Louisiana, purporting to assert claims onbehalf of the Company against certain of its current and formerofficers and directors. Three similar derivative lawsuits werefiled in the United States District Court for the Middle Districtof Louisiana on July 15, July 21, and August 2, 2010 (together,the "Federal Derivative Actions"). The Company is named as anominal defendant in all of those actions. On October 22, 2010,the United States District Court for the Middle District ofLouisiana issued an order consolidating the Federal DerivativeActions with the putative securities class action lawsuits and forpre-trial purposes.

On January 18, 2011, the plaintiffs in the Federal DerivativeActions filed a consolidated, amended complaint (the "DerivativeComplaint") which supersedes the earlier-filed derivativecomplaints. The Derivative Complaint alleges that certain of theCompany's current and former officers and directors breached theirfiduciary duties to the Company by making allegedly falsestatements, by allegedly failing to establish sufficient internalcontrols over certain of the Company's home health and Medicarebilling practices, by engaging in alleged insider trading, and bycommitting unspecified acts of waste of corporate assets andunjust enrichment. All defendants in the Federal DerivativeActions, including the Company as a nominal defendant, have movedto dismiss the Derivative Complaint. That motion is fully briefedand remains pending before the court.

On July 23, 2010, a derivative lawsuit was filed in the NineteenthJudicial District Court, Parish of East Baton Rouge, State ofLouisiana. That action also purports to assert claims on behalfof the Company against certain of the Company's current and formerofficers and directors. On December 8, 2010, the Court entered anorder staying the action in deference to the earlier-filedderivative actions pending in federal court.

ERISA Class Action Lawsuit

On September 27, 2010, and October 22, 2010, separate putativeclass action complaints were filed in the United States DistrictCourt for the Middle District of Louisiana against the Company,certain of the Company's current and former senior executives andmembers of the Company's 401(k) Plan Administrative Committee.The lawsuits allege violations of the Employee Retirement IncomeSecurity Act ("ERISA") since January 1, 2006, and July 1, 2007,respectively. The plaintiffs brought the complaints on behalf ofthemselves and a class of similarly situated participants in theCompany's 401(k) plan. The plaintiffs assert that the defendantsbreached their fiduciary duties to the 401(k) Plan's participantsby causing the 401(k) plan to offer and hold Amedisys common stockduring the respective class periods when it was an allegedlyunduly risky and imprudent retirement investment because of theCompany's alleged improper business practices. The complaintsseek a determination that the actions may be maintained as a classaction, an award of unspecified monetary damages and otherunspecified relief. On December 10, 2010, the Court consolidatedthe putative ERISA class actions with the putative securitiesclass actions and derivative actions for pre-trial purposes. Inaddition, on December 10, 2010, the Court appointed interim leadcounsel and interim liaison counsel in the ERISA class action.

On March 10, 2011, Wanda Corbin, Pia Galimba and Linda Trammell(the "Co-ERISA Plaintiffs"), filed an amended, consolidated classaction complaint (the "ERISA Complaint"), which supersedes theearlier-filed ERISA class action complaints. The ERISA Complaintseeks a determination that the action may be maintained as a classaction on behalf of themselves and a class of similarly situatedparticipants in the Company's 401(k) plan fromJanuary 1, 2008, through present. All of the defendants havemoved to dismiss the ERISA Complaint. That motion is fullybriefed and remains pending before the court.

The Company says it is unable to assess the probable outcome orreasonably estimate the potential liability, if any, arising fromthe SEC investigation, the U.S. Department of Justice CIDs, theStark Law matter it has disclosed to CMS and the securities,shareholder derivative, ERISA and wage and hour litigation giventhe preliminary stage of these matters. The Company intends tocontinue to vigorously defend itself in the securities,shareholder derivative, ERISA and wage and hour litigationmatters. No assurances can be given as to the timing or outcomeof the SEC investigation, the U.S. Department of Justice CIDs, theStark Law matter the Company has disclosed to CMS or thesecurities, shareholder derivative, ERISA and wage and hourlitigation matters or the impact of any of the inquiry,investigation or litigation matters on the Company, itsconsolidated financial condition, results of operations or cashflows, which could be material, individually or in the aggregate.

The Company recognizes that additional putative securities classaction complaints and other litigation could be filed, and thatother investigations and actions could be commenced, relating tomatters involving the Company's home therapy visits and therapyutilization trends or other matters.

Amedisys, Inc. -- http://www.amedisys.com/-- is one of America's leading home health and hospice companies. The company isheadquartered in Baton Rouge, Louisiana.

AMERICAN INT'L: Judge Approves $4-Mil. Class Action Settlement--------------------------------------------------------------Linda Chiem, writing for Law360, reports that a federal judge onSept. 14 approved a $4 million settlement between AmericanInternational Group Inc. and a class of insured South Carolinabusinesses, capping off four years of litigation over theinsurer's allegedly fraudulent calculation of workers'compensation premiums.

U.S. District Judge Joseph F. Anderson Jr. certified the class andgranted final approval of the settlement -- calling it fair,reasonable and in the best interest of the class. The SouthCarolina businesses sued AIG in 2008 alleging the insurance giantimproperly inflated premiums.

ASTORIA FINANCIAL: "Lefkowitz" Class Suit Dismissed in July-----------------------------------------------------------The class action lawsuit commenced by Ellen Lefkowitz in New Yorkwas dismissed in July 2012, according to Astoria FinancialCorporation's August 7, 2012, Form 10-Q filing with the U.S.Securities and Exchange Commission for the quarter ended June 30,2012.

On February 27, 2012, a putative class action entitled EllenLefkowitz, individually and on behalf of all Persons similarlysituated v. Astoria Federal Savings and Loan Association wascommenced in the Supreme Court of The State of New York, County ofQueens, or the Queens County Supreme Court, against the Companyalleging that during the proposed class period, the Companyimproperly charged overdraft fees to customer accounts whenaccounts were not overdrawn, improperly reordered electronic debittransactions from the highest to the lowest dollar amount andprocessed debits before credits to deplete accounts and maximizeoverdraft fee income. The complaint contains the furtherassertion that the Company did not adequately inform the Company'scustomers that they had the option to "opt-out" of overdraftservices. The Company was served with the summons and complaintin such action on February 29, 2012, and were initially requiredto reply on or before April 30, 2012. By Stipulation between theparties, the Company's time to answer was extended to May 7, 2012,at which time the Company moved to dismiss the complaint. On July19, 2012, the Queens County Supreme Court issued an orderdismissing the complaint in its entirety.

BB&T CORP: Appeals in Checking Accounts Suits Remain Pending------------------------------------------------------------Appeals in lawsuits challenging BB&T Corporation's customerchecking accounts practices remain pending, according to theCompany's August 7, 2012, Form 10-Q filing with the U.S.Securities and Exchange Commission for the quarter ended June 30,2012.

The Company is a defendant in three separate cases primarilychallenging the Company's daily ordering of debit transactionsposted to customer checking accounts for the period from 2003 to2010. The plaintiffs have requested class action treatment;however, no class has been certified. The court initially deniedmotions by the Company to dismiss these cases and compel them tobe submitted to individual arbitration. The Company then filedappeals in all three matters. There have been numerous subsequentprocedural developments. These include an appeal to the U.S.Supreme Court in one matter which resulted in a November 2011decision that benefited the Company and two decisions in July 2012in two other matters by the U.S. Court of Appeals for the EleventhCircuit ordering arbitration. Nevertheless, at present the issuesraised by these motions and/or appeals have not been finallydecided. If the motions or appeals are ultimately granted, theywould preclude class action treatment. Even if those appeals aredenied, the Company believes it has meritorious defenses againstthese matters, including class certification. In addition, nodamages have been specified by the plaintiffs. Because of thesecircumstances, no specific loss or range of loss can currently bedetermined.

"For a host of reasons, the order of class certification should bevacated," attorneys for the city stated in the appeal filed Fridaywith the U.S. 11th Circuit Court of Appeals in Atlanta.The appeal challenge's U.S. District Court Judge Abdul Kallon'sAug. 31 ruling that granted class action status to the 2010federal lawsuit filed on behalf of students by the SouthernPoverty Law Center.

The class consists of all current and future high school studentsof Birmingham City Schools. The questions to be answered onbehalf of that entire group, the judge ruled, is whether thepolice department's policy in the use of pepper spray in schoolsand the training provided to the school resource officers are"constitutionally defective."

In its appeal, the city states that the plaintiffs -- the namedstudents who filed the lawsuit -- are not adequate representativesof the class and lack standing because many of them are no longerclass members and because they cannot show a "real and substantiallikelihood that they will be harmed in the future."

The district court judge erred by certifying the class beforeruling on the city's motions for summary judgment to dismiss thecase based on qualified immunity from such lawsuits. The natureof the students' excessive force claims and the officers'qualified immunity claims "make this case particularly unsuitedfor class certification," the appeal states.

BOK FINANCIAL: Awaits Approval of Overdraft Fee Suit Settlement---------------------------------------------------------------BOK Financial Corporation is awaiting court approval of asettlement resolving litigation over overdraft fees, according tothe Company's August 7, 2012, Form 10-Q filing with the U.S.Securities and Exchange Commission for the quarter ended June 30,2012.

In 2010, the Company's bank subsidiary was named as a defendant inthree class actions alleging that the manner in which the bankposted charges to its consumer deposit accounts was improper.These actions were consolidated and settled on November 23, 2011,in Multi-District Litigation pending in the United States DistrictCourt for the Southern District of Florida. The settlement wasscheduled for approval by the Court on August 29, 2012. Thesettlement amount of $19 million was paid to the plaintiff classpending Court approval and had been fully accrued as of March 31,2012.

BOK Financial Corporation -- http://www.bokf.com/-- a financial holding company, offers a range of financial products and servicesto commercial and industrial customers, and other financialinstitutions and consumers. It operates in three segments:Commercial Banking, Consumer Banking, and Wealth Management. TheCompany was founded in 1910 and is headquartered in Tulsa,Oklahoma.

BOSTON SCIENTIFIC: 1st Cir. Affirms Dismissal of Securities Suit----------------------------------------------------------------The U.S. Court of Appeals for the First Circuit affirmed in Julythe dismissal of a securities class action lawsuit against BostonScientific Corporation, according to the Company's August 7, 2012,Form 10-Q filing with the U.S. Securities and Exchange Commissionfor the quarter ended June 30, 2012.

On April 9, 2010, the City of Roseville Employees' RetirementSystem, individually and on behalf of purchasers of the Company'ssecurities during the period from April 20, 2009, to March 12,2010, filed a purported securities class action lawsuit againstthe Company and certain of its current and former officers in theU.S. District Court for the District of Massachusetts. Thelawsuit alleges certain violations of the Securities Exchange Actof 1934, as amended, claiming that the Company's stock price wasartificially inflated because the Company failed to disclosecertain matters with respect to its Cardiac Rhythm Management(CRM) business, and seeks unspecified monetary damages. In July2010, the District Court appointed KBC Asset Management NV andSteelworkers Pension Trust as co-lead plaintiffs for the case. InSeptember 2010, the plaintiffs filed an amended class actioncomplaint narrowing the alleged class period from October 20, 2009to February 10, 2010. In September 2011, the District Courtgranted the Company's motion to dismiss the action, and onJuly 12, 2012, the U.S. Court of Appeals for the First Circuitissued its decision affirming the dismissal.

On August 19, 2010, the Iron Workers District Council SouthernOhio and Vicinity Pension Trust filed a putative shareholderderivative class action lawsuit against the Company and its Boardof Directors in the U.S. District Court for the District ofDelaware. The allegations and remedies sought in the complaintare largely the same as those in the original complaint filed bythe City of Roseville Employees' Retirement System on April 9,2010. In October 2011, the District Court granted the Company'smotion to dismiss this action without prejudice to refile anamended complaint and the plaintiffs filed a motion to stay theproceedings to allow them to make discovery demands before filingan amended complaint. On June 14, 2012, the District Courtdismissed this case with prejudice.

In an order issued Sept. 10, U.S. District Judge Mariana R.Pfaelzer dismissed PharmaRx Pharmaceutical's first amendedcomplaint without prejudice, ruling the radiopharmacy owner hadfailed to plead its antitrust and conspiracy claims with enoughspecificity.

The lawsuit, filed by Todd Garber in U.S. District Court inColorado, says that Chipotle did not disclose to investors that ithas been unable to offset rising food prices by raising its ownprices enough, putting a squeeze on profit margins; that demandfor its products is slowing because of the economy and increasedcompetition, making its projected earnings for 2012 seemunrealistic; and that growth overall is slowing as it becomes amature company.

The lawsuit was filed on behalf of shareholders who bought commonstock in Chipotle between Feb. 1 and July 19 of this year.

On October 28, 2011, a putative securities class action lawsuit,Weston v. Ciber, Inc. et al., was filed in the United StatesDistrict Court for the District of Colorado against Ciber, itscurrent Chief Executive Officer David C. Peterschmidt, currentExecutive Vice President and Chief Financial Officer ("CFO")Claude J. Pumilia and former CFO Peter H. Cheesbrough (the "ClassAction"). The Class Action purports to have been filed on behalfof all holders of Ciber common stock between December 15, 2010,and August 3, 2011, by alleged stockholder and plaintiff, BurtWeston. The Class Action generally alleges that defendants Ciber,Mr. Peterschmidt, Mr. Pumilia and Mr. Cheesbrough (the "ClassAction Defendants") violated Section 10(b) of the SecuritiesExchange Act of 1934 ("Exchange Act") and Securities and ExchangeCommission ("SEC") Rule 10b-5. Specifically, the complaintalleges that the Class Action Defendants disseminated or approvedalleged false statements concerning the Company's outlook andforecast for fiscal year 2011 in: (1) the Company's 8-K filed withthe SEC and press conference held with investors on December 15,2010; (2) the Company's press release and earnings conference callon February 22, 2011; (3) the Company's 10-K for fiscal year 2010filed with the SEC on February 25, 2011; and (4) the Company'spress release, earnings conference call, and Form 10-Q for firstquarter 2011 filed with the SEC on May 3, 2011. The complaintalso generally alleges that the Class Action Defendants violatedSection 20(a) of the Exchange Act. Specifically, the complaintalleges that the Class Action Defendants acted as controllingpersons of Ciber within the meaning of Section 20(a) of theExchange Act by reason of their positions with the Company. TheClass Action seeks, among other things: (1) an order from theCourt declaring the complaint to be a proper class action pursuantto Rule 23 of the Federal Rules of Civil Procedure and certifyingplaintiff as a representative of the purported class; (2) awardingplaintiff and the members of the class damages, includinginterest; (3) awarding plaintiff reasonable costs and attorneys'fees; and (4) awarding such other relief as the Court may deemjust and proper. The Court appointed Mr. Weston and City ofRoseville Employees' Retirement System as lead plaintiffs and thelaw firms of Robbins, Geller Rudman & Dowd LLP and Robbins UmedaLLP as lead plaintiffs' counsel on January 31, 2012. LeadPlaintiffs filed an amended complaint in early April 2012. TheClass Action Defendants have filed a motion to dismiss, which iscurrently pending.

The Company believes that the Class Action is without merit andintends to defend against it vigorously. There can, however, beno assurance of the outcome of these actions.

Ciber, Inc. -- http://www.ciber.com/-- together with its subsidiaries, provides information technology (IT), businessconsulting, and outsourcing services in North America, Europe, andthe Asia/Pacific. It offers its solutions to energy andutilities, telecommunications, retail, healthcare, financialservices, entertainment, and manufacturing industries. TheCompany was founded in 1974 and is headquartered in GreenwoodVillage, Colorado.

CORVEL CORP: Seeks Dismissal of Claims Under "Williams" Suit Deal-----------------------------------------------------------------On March 25, 2011, George Raymond Williams, MD. ("Williams"), asplaintiff, individually and on behalf of those similarly situated,filed a First Amended and Restated Petition for Damages and ClassCertification in the 27th Judicial District Court, Parish of St.Landry, Louisiana, against CorVel Corporation ("CorVel") and itsinsurance carriers, Homeland Insurance Company of New York andExecutive Risk Specialty Insurance Company and several otherunrelated parties. Williams alleges that CorVel violatedLouisiana's Any Willing Provider Act (the "AWPA"), which requiresa payor accessing a preferred provider contract to give 30 days'advance written notice or point of service notice in the form of abenefit card before the payor accesses the discounted rates in thecontract to pay the provider for services rendered to an insuredunder that payor's health benefit plan.

On March 31, 2011, CorVel entered into a Memorandum ofUnderstanding with attorneys representing the plaintiffs and theclass setting forth the terms of settlement of this class actionlawsuit. The Memorandum of Understanding provides that subject tothe execution of a mutually acceptable settlement agreement andfinal non-appealable approval of such settlement by the Louisianastate court, CorVel will pay $9 million to resolve claims forwhich CorVel recorded a $9 million pre-tax charge to earningsduring the March 2011 quarter. In addition, CorVel will assign tothe class certain rights it has to the proceeds of CorVel'sinsurance policies relating to the claims asserted by the class.The class action arbitration filed with the American ArbitrationAssociation against CorVel in December 2006 by Southwest LouisianaHospital Association dba Lake Charles Memorial Hospital aspreviously disclosed by CorVel is encompassed within thesettlement terms of the Memorandum of Understanding. Pursuant tothe Memorandum of Understanding, the parties have also agreed torequest that the appropriate courts stay all related proceedingsin State and Federal Court, as well as the Louisiana Office ofWorkers Compensation and the arbitration proceeding before theAmerican Arbitration Association in which the parties are named,until the settlement agreement is prepared, executed and receivesfinal court approval. The settlement does not constitute anadmission of liability.

On June 23, 2011, CorVel and class counsel executed a definitivesettlement agreement. The settlement agreement contains the sameterms and conditions as were set forth in the Memorandum ofUnderstanding. Accordingly, CorVel made a $9 million cash paymentinto escrow on July 6, 2011. As set forth in the settlementagreement, certain contingencies such as preliminary courtapproval, resolutions of objections filed by class memberschallenging the fairness of the settlement, class members excludedfrom the settlement not exceeding a materiality threshold, andfinal court approval, must be satisfied before the settlement canbecome final.

On June 23, 2011, the 27th Judicial District Court for the Parishof St. Landry, Louisiana granted preliminary approval ofsettlement and set a deadline of October 16, 2011, for parties toopt out of or object to the proposed settlement. Notice of thesettlement was given to Class Members. The Court gave finalapproval of the settlement on November 4, 2011. No appeal hasbeen filed since that time, so the judgment became final onJanuary 17, 2012. CorVel has begun to move for dismissal of allclaims covered by the settlement in state and federal court.

No further updates were reported in the Company's August 7, 2012,Form 10-Q filing with the U.S. Securities and Exchange Commissionfor the quarter ended June 30, 2012.

In exchange for the settlement payment by CorVel, class memberswill release CorVel and all of its affiliates and clients for anyclaims relating in any way to re-pricing, payment for, orreimbursement of a workers' compensation bill, including but notlimited to claims under the AWPA. Plaintiffs have also agreed toa notice procedure that CorVel may follow in the future to complywith the AWPA.

CORVEL CORP: "Roche" Suit Deal Final Report Expected in November----------------------------------------------------------------Final report and accounting with respect to CorVel Corporation'ssettlement of the class action lawsuit commenced by Kathleen Rocheshould be completed in November 2012, according to the Company'sAugust 7, 2012, Form 10-Q filing with the U.S. Securities andExchange Commission for the quarter ended June 30, 2012.

In February 2005, Kathleen Roche, D.C., as plaintiff, filed aputative class action in Circuit Court for the 20th JudicialDistrict, St. Clair County, Illinois, against the Company. Thecase sought unspecified damages based on the Company's allegedfailure to direct patients to medical providers who were membersof the CorVel CorCare PPO network and also alleged that theCompany used biased and arbitrary computer software to reviewmedical providers' bills. The Company denies that its conduct wasimproper in any way and denied all liability. On October 29,2010, the Company entered into a settlement agreement providingfor the payment of $2.1 million to class members and up to anadditional $700,000 for attorneys' fees and expenses, and as aresult the Company accrued $2.8 million of estimated liability forthis settlement agreement during the quarter endedSeptember 30, 2010. In exchange for the settlement payment by theCompany, class members consisting of Illinois medical providers(excluding hospitals) have released the Company and all of itsaffiliates for claims relating to any PPO or usual and customaryreductions recommended by the Company on class members' medicalbills. On January 21, 2011, the Circuit Court gave final approvalto the settlement and awarded class counsel $700,000 in attorneys'fees and expenses. A modified final judgment approving thesettlement and addressing certain class notice issues was approvedon January 20, 2012; the modified judgment did not change thefinancial terms of the settlement or the release. Final paymentswere sent to class members on July 16, 2012, and the final reportand accounting to the Court should be completed in November 2012.

COVELLI ENTERPRISES: Class Action Settlement Gets Prelim. Approval------------------------------------------------------------------Rich Lord, writing for Pittsburgh Post-Gazette, reports thataround 200 to 300 current or former employees of Panera Breadfranchisee Covelli Enterprises stand to get payments under a classaction lawsuit settlement that won preliminary approval from afederal judge at a hearing on Sept. 17.

The lawsuit brought in U.S. District Court by former Covelliemployee Guy Vines, of Castle Shannon, said that the companyrelegated black employees to back-of-the-kitchen work and deniedthem promotional opportunities.

Under the settlement, anyone who worked for Covelli's Panerafranchises from Jan. 11, 2008, through Jan. 11, 2012, for morethan one year, and applied for or wanted a promotion, can getcompensation for alleged lost opportunities. For each hour workedafter their first year, they can get 70 cents -- roughly what theywould have gotten through a one-level promotion.

Attorney Sam Cordes, who represents Mr. Vines and the class ofemployees, told U.S. District Chief Judge Gary Lancaster that thesettlement terms will soon be published in newspapers in areas inwhich Covelli franchises operate.

Judge Lancaster gave the settlement his initial nod, though he isexpected to hold a hearing to hear any objections from classmembers.

Neither Mr. Cordes nor the attorney for Covelli would commentafter the hearing. Neither had an estimate of the costs to thefirm.

In addition to the payments to black employees, Mr. Vines wouldget $10,000 and Mr. Cordes $66,000 under the settlement agreement.Based in Warren, Ohio, Covelli has denied having discriminatorypractices and has said in court filings that it is settling toavoid the costs and distractions of defending the case.

DEAN FOODS: Gets Final OK of Southeastern Dairy Farmers Suit Deal-----------------------------------------------------------------Dean Foods Company disclosed in its August 7, 2012, Form 10-Qfiling with the U.S. Securities and Exchange Commission for thequarter ended June 30, 2012, that it received in June 2012 finalapproval of its settlement of a class action lawsuit brought bySoutheastern dairy farmers.

The Company was named, along with several other defendants, in twoputative class action antitrust complaints filed on July 5, 2007.The complaints were filed in the United States District Court forthe Middle District of Tennessee, Columbia Division, and allegegenerally that the Company and others in the milk industry workedtogether to limit the price Southeastern dairy farmers are paidfor their raw milk and to deny these farmers access to fluid GradeA milk processing facilities. Four additional putative classaction complaints were filed in 2007 and 2008 in the United StatesDistrict Court for the Eastern District of Tennessee, GreenevilleDivision. The allegations in these complaints are similar tothose in the dairy farmer actions. All six of the class actions(collectively, the "dairy farmer actions") were consolidated andwere transferred to the Eastern District of Tennessee, GreenevilleDivision. Class certification in the dairy farmer actions wasgranted in September 2010.

On July 12, 2011, the Company entered into a settlement agreementwith the class plaintiffs in the dairy farmer actions. OnJuly 14, 2011, the United States District Court for the EasternDistrict of Tennessee granted preliminary approval of the class-wide settlement agreement and stayed the dairy farmer action withrespect to the Company. Under the proposed settlement agreement,the Company agreed to pay a total of up to $140 million over aperiod of four to five years into a fund for distribution to dairyfarmer class members in a number of Southeastern states.

On July 28, 2011, the Court issued an order partially decertifyingthe dairy farmer plaintiff class with which the Company hadpreviously entered into the settlement agreement. The dairyfarmer plaintiffs that were decertified from the class are, orwere, members of the Dairy Farmers of America ("DFA") co-operative. On August 1, 2011, the plaintiffs filed a motionasking the Court to re-consider its decertification order. TheCourt denied that motion on August 19, 2011. In order to pursue afinal and certain resolution consistent with the terms of thesettlement agreement, the Company filed a motion with the Court onAugust 5, 2011, to vacate preliminary approval of the settlementagreement, defer associated deadlines related to the settlement,and clarify the role of class counsel in light of the Court'sdecertification order. The motion was granted by the Court and aMemorandum Opinion was issued on August 31, 2011. In theMemorandum Opinion, the Court stated that it would take the motionfor preliminary approval of the settlement under advisementpending appointment of separate counsel and class representativesfor the decertified DFA subclass.

In a separate order entered on October 5, 2011, the Courtappointed separate interim counsel for the DFA subclass, and setpreliminary deadlines for newly designated interim counsel tosubmit any motion for certification of a DFA subclass forsettlement purposes and any motion to preliminarily approve theJuly 12, 2011 settlement agreement. On December 27, 2011, interimcounsel for the putative DFA member subclass filed a motion tocertify the DFA subclass for settlement purposes and to reinstatepreliminary approval of the July 12, 2011 settlement agreement.Dean responded to the motion on January 17, 2012, and did notoppose the motion. On February 14, 2012, the Court grantedpreliminary approval of the settlement agreement, and on June 15,2012, the Court issued a ruling granting final approval of thesettlement agreement. Per the terms of the settlement agreement,on February 21, 2012, the Company made a payment of $60 millioninto an escrow account to be distributed following the Court'sfinal approval, and issued a standby letter of credit in theamount of $80 million to support subsequent payments due under theagreement. The settlement agreement requires the Company to makea payment of up to $20 million on each of the following fouranniversaries of the settlement agreement's final approval date.The Company expects to make the first installment payment in June2013.

In the second quarter of 2011, the Company recorded a $131.3million charge and a corresponding liability for the present valueof the Company's obligations under the original settlementagreement, based on imputed interest computed at a rate of 4.77%,which approximates the Company's like-term incremental fixed rateborrowing cost.

Dean Foods Company -- http://www.deanfoods.com/-- operates as a food and beverage company in the United States. The Companyoperates in three segments: Fresh Dairy Direct, WhiteWave-Alpro,and Morningstar. The Company was formerly known as Suiza FoodsCorporation and changed its name to Dean Foods Company in 2001 asa result of merger between the former Dean Foods Company and SuizaFoods Corporation. Dean Foods Company was founded in 1925 and isheadquartered in Dallas, Texas.

DEAN FOODS: Two Antitrust Suits Remain Pending in Tennessee-----------------------------------------------------------Two antitrust class action lawsuits against Dean Foods Companyremain pending in Tennessee, according to the Company's August 7,2012, Form 10-Q filing with the U.S. Securities and ExchangeCommission for the quarter ended June 30, 2012.

A putative class action antitrust complaint (the "retaileraction") was filed on August 9, 2007, in the United StatesDistrict Court for the Eastern District of Tennessee. Plaintiffsallege generally that the Company, either acting alone or inconjunction with others in the milk industry who are alsodefendants in the retailer action, lessened competition in theSoutheastern United States for the sale of processed fluid Grade Amilk to retail outlets and other customers, and that thedefendants' conduct also artificially inflated wholesale pricesfor direct milk purchasers. Defendants' motion for summaryjudgment in the retailer action was granted in part and denied inpart in August 2010. Defendants filed a motion forreconsideration on September 10, 2010, and filed a supplementalmotion for summary judgment as to the remaining claims onSeptember 27, 2010. On March 27, 2012, the Court granted summaryjudgment in favor of defendants as to all remaining counts, andentered judgment in favor of all defendants, including theCompany. Plaintiffs filed a notice of appeal on April 25, 2012.On May 30, 2012, the Company participated in a schedulingconference and mediation conducted by the appeals court. Themediation did not result in a settlement agreement. The Companyexpects the appeals court to issue a briefing schedule in the verynear future.

On June 29, 2009, another putative class action lawsuit was filedin the Eastern District of Tennessee, Greeneville Division, onbehalf of indirect purchasers of processed fluid Grade A milk (the"indirect purchaser action"). The allegations in this complaintare similar to those in the retailer action, but primarily involvestate law claims. Because the allegations in the indirectpurchaser action substantially overlap with the allegations in theretailer action, the Court granted the parties' joint motion tostay all proceedings in the indirect purchaser action pending theoutcome of the summary judgment motions in the retailer action.At this time, the stay remains in effect.

Dean Foods Company -- http://www.deanfoods.com/-- operates as a food and beverage company in the United States. The Companyoperates in three segments: Fresh Dairy Direct, WhiteWave-Alpro,and Morningstar. The Company was formerly known as Suiza FoodsCorporation and changed its name to Dean Foods Company in 2001 asa result of merger between the former Dean Foods Company and SuizaFoods Corporation. Dean Foods Company was founded in 1925 and isheadquartered in Dallas, Texas.

FRESHLINE/CAITO FOODS: Recalls Expired Fresh-Cut Mango Products---------------------------------------------------------------In cooperation with the FDA's warning to not consume mangoes fromAgricola Daniella, FreshLine/Caito Foods Service of Indianapolis,Indiana, is initiating a voluntary recall of a limited quantity ofexpired products that contain fresh-cut mangoes and aredistributed to retail supermarkets due to the potential risk thatthe mangoes may contain Salmonella. This is associated withFoodSource's (Edinburg, TX) recall of mangoes sourced fromAgricola Daniella. The FDA has placed Agricola Daniella on theImport Alert Listing.

There have been no reported illnesses attributed to the itemslisted in this recall. Salmonella is an organism which can causeserious and sometimes fatal infections in young children, frail orelderly people, and others with weakened immune systems. Healthypersons infected with Salmonella often experience fever, diarrhea(which may be bloody), nausea, vomiting and abdominal pain. Inrare circumstances, infection with Salmonella can result in theorganism getting into the bloodstream and producing more severeillnesses such as arterial infections (i.e., infected aneurysms),endocarditis and arthritis.

FreshLine has directly notified all retailers who have receivedthe recalled product and has directed them to remove affectedproduct(s) from their store shelves. Product is packaged in clearplastic containers (cups, bowls, tubs, and clamshell typecontainers). Consumers who may have purchased affected productswith the listed code dates on the attached chart should notconsume them and should destroy or discard it. Consumers withquestions may contact the company at 1-800-428-8078, Mondaythrough Friday, except on holidays, from 8:00 a.m. to 5:00 p.m.Eastern Standard Time.

* The affected products will have printed code dates ranging from 08/04/12 to 09/16/12. These code dates are clearly printed on the top or bottom label of each individual package.

* Affected products, brands, and states are provided in the recalled product list.

* The affected products were processed by FreshLine between July 26, 2012, and September 6, 2012, and may contain Agricola Daniella mangoes from FoodSource.

GENERAL MILLS: UCL Claim Trial Set to Begin on December 4---------------------------------------------------------Robbins Geller Rudman & Dowd, LLP on Sept. 17 issue a statementregarding the Yo-Plus(R) brand yogurt class action in California.

LEGAL NOTICE

The lawsuit is called Johnson v. General Mills, Inc., Case No. 10-00061, and is in the United States District Court for the CentralDistrict of California. On April 20, 2011, the Court entered anorder certifying a class action under the California's UnfairCompetition Law ("UCL"), Cal. Bus. & Prof. Code Secs. 17200, etseq., California's Consumers Legal Remedies Act ("CLRA"), Cal.Civ. Code Sec. 1770, et seq. The Court defined the class as"[A]ll persons who purchased YoPlus in the State of Californiafrom the date YoPlus was first sold in California to the datenotice is first provided to the Class."

What is this case about? The lawsuit claims that General Millsfalsely advertises its Yo-Plus brand of yogurt. The lawsuitclaims that General Mills advertised that Yo-Plus yogurt providesdigestive health benefits that ordinary yogurt does not, and thatthis claim is untrue. The lawsuit seeks the return of money tothe purchasers and a court order prohibiting the advertising.General Mills denies it did anything wrong and says its Yo-Plusadvertising was truthful. For more information go tohttp://www.gcginc.com/cases/yoplus-class-actionor call 1-800-449- 4900.

The Court has not decided whether the Class or General Mills isright. The attorneys for the Class will have to prove their claimunder the UCL at a trial, which is set to begin on December 4,2012.

What is this notice about? During March and April, 2012, a Court-approved Notice was published, advising class members of a June 5,2012 trial on Plaintiff's UCL and CLRA class claims. On August27, 2012, the Court decided that certification of Plaintiff'sclaim under the CLRA was improper and ordered that the caseproceed as a class action only on Plaintiff's UCL claim.

How does this affect me? Because the case will no longer proceedas a class action for relief under the CLRA claim, your time forpursuing claims under the CLRA may be limited.

The time period, or statute of limitations, for filing a CLRAclaim is three (3) years. These time limitations are strictlyenforced by the courts and you should consult your own attorneyfor how the statute of limitations period would apply to yourindividual CLRA claim. Class counsel (Robbins Geller Rudman &Dowd, LLP, and Blood Hurst & O'Reardon, LLP) will no longerrepresent you with respect to that claim.

If you do not wish to pursue an individual claim for relief underthe CLRA, you do not have to do anything. If you wish to pursue aclaim for relief under the CLRA, you have two options.

(1) You may "exclude" yourself from this class action lawsuit. Ifyou exclude yourself from this lawsuit then Class counsel (RobbinsGeller Rudman & Dowd, LLP, and Blood Hurst & O'Reardon, LLP) willno longer represent you with respect to any claim.

(2) Alternatively, you may be able to pursue a separate,individual CLRA claim without excluding yourself from the classaction lawsuit. If you want to pursue a separate, individualclaim under the CLRA, you should consult an attorney.

If you stay in the Class, you will be legally bound by all ordersand judgments of the Court. If money or benefits are obtained,you will be notified about how to request it. To stay in theClass, you do not have to do anything now.

How do I request exclusion from the Class? If you ask to beexcluded from the Class, you cannot get any money or benefits fromthis lawsuit if any are awarded, but you will keep any existingrights to sue General Mills for these claims and will not be boundby any orders or judgments of the Court. To ask to be excluded,send a letter to: Yo-Plus(R) Project Administration, c/o TheGarden City Group, Inc., P.O. Box 9763, Dublin, OH 43017-5663,postmarked by November 28, 2012, that says you want to be excludedfrom the Johnson v. General Mills, Inc., Case No. 10-00061, classaction. Include your name, address, and telephone number.

GOOGLE INC: Federal Appeals Court Delays Book Scanning Suit-----------------------------------------------------------Chad Bray, writing for The Wall Street Journal, reports that afederal appeals court on Sept. 17 again delayed a long-runninglawsuit against Google Inc. over its efforts to electronicallyscan millions of books from public and university libraries inorder to make them available online.

The case was put on hold on Sept. 17 so that the U.S. SecondCircuit Court of Appeals can consider Google's appeal of a federaljudge's ruling in May granting class-action certification, meaningthe authors no longer had to sue Google individually.

The Authors Guild, an association representing writers, suedGoogle in 2005 over its scanning of books for online distributionvia Google Books.

Google declined to comment on Sept. 17. The Authors Guild didn'timmediately respond to a request for comment on Sept. 17.

Google, which scanned some 20 million books, claims it was tryingto create an "electronic card catalog," which would help thepublic in locating books in libraries and increase the visibilityof some books. Google said it would only provide snippets ofbooks online under the fair use provision of U.S. copyright law.

In May, Judge Denny Chin in New York granted class-actioncertification, allowing the authors to sue as a group. Google hadpreviously argued the claims needed to be brought individually byeach author, given the varying circumstances of book ownership.

Last year, the judge rejected a revised $125 million deal toresolve lawsuits by the Authors Guild and a publishers group overGoogle's scanning, saying the pact would give Google the abilityto "exploit" books without the permission of copyright owners.

Since his decision in March 2011, the case has moved forwardtowards a trial.

According to paidContent.org's Jeff John Roberts, the proceedingsbegan in 2005 when the Authors Guild filed a copyright suit overGoogle's decision to scan the world's books. The lawsuit was onhold for several years as the parties tried to get court approvalfor a settlement that would have created a market for the books.The settlement failed, however, and the Authors Guild resumedlegal action last December. The Guild is seeking $750 per book,but only a relatively small number of authors would qualify.

The Sept. 17 decision means that the overall case will be on holdfor several months. If the appeals court upholds thecertification order, it will likely return the case to Judge Chin(who is now on the Second Circuit too) with detailed instructionsabout how to proceed.

The big issue in the case now is whether or not Google's scanningconstituted "fair use," which is a defense against copyrightinfringement. Several scholarly and librarian groups haveintervened in Google's favor in the hopes that the massive digitalcollection can be used for research purposes.

Meanwhile, a parallel case is playing out between the AuthorsGuild and the Hathi Trust, a coalition of universities that hascollected copies of Google's book scans. If that case is resolvedfirst, it is likely to determine the fate of the Google Booksclass action.

The water bottle's spout can break off, posing a choking hazard tochildren.

H&M has received one report of an incident in England of the waterbottle spout breaking off in a child's mouth as the child wasdrinking from the bottle. No injuries have been reported.

The 16 oz. water bottles are pink plastic with a crackle design orblue plastic. The bottles have flip-top lids in coordinated pinkand blue colors. "H&M Sweden" and "www.hm.com" are embossed onthe bottom of the bottle. The recalled products were manufacturedin June 2012. The water bottle contains the manufacture date inan embossed date clock on the bottom of the bottle. The innercircle on the clock contains the number 12 with an arrow betweenthe two numbers. The arrow points at the number 6 in an outercircle of numbers. Pictures of the recalled products areavailable at:

The recalled products were manufactured in Italy and soldexclusively at H&M stores with children's departments nationwidefrom July 2012 through August 2012 for about $5.

Consumers should immediately stop using the water bottle andreturn it to H&M for a full refund. For additional information,contact H&M toll-free at (855) 466-7467 or visit the firm's recallpage on its Web site at http://www.hm.com/

The lawsuit was filed in 2010 by Royal Mile Co., a Whitehall-basedreal estate firm, against the region's biggest insurer and biggesthospital system. Recent court filings have suggested that RoyalMile was discussing settlement with Highmark.

Highmark in a motion filed on Sept. 17 wrote that its rates wereapproved by the Pennsylvania Insurance Department, so no one whopaid them can recover damages.

Royal Mile's lawsuit is one of several related to the local healthcare and health insurance market.

West Penn Allegheny Health System is suing UPMC, saying itunfairly sought to stifle competition. UPMC is suing Highmarksaying that the insurer conspired with West Penn Allegheny tosiphon off market share.

U.S. District Judge Joy Flowers Conti is adjudicating the cases.

INCREDIBLE SCENTS: Sued Over False Claims on "Silent Snooz"------------------------------------------------------------Joe Harris at Courthouse News Service reports that the "SilentSnooz" nasal septum ring does not reduce snoring or aid sleep asadvertised, a class action claims in state court.

"Defendant's medical efficacy assertions about Silent Snooz arefalse," the complaint states. "(T)he product does not reduce thefrequency of snoring; it has not been the subject of a reliableclinical test to reduce snoring; nor is it patented to reducesnoring, promote freer breathing, open nasal passages, orfacilitate nasal breathing."

Mr. Swires says he bought the contraption at a Walgreen'spharmacy, which is not a party to the complaint.

He seeks an injunction and class damages for consumer lawviolations, breach of warranty and unjust enrichment.

A copy of the Complaint in Swires v. Incredible Scents, Inc., CaseNo. 12-L-453 (Ill. Cir. Ct., St. Clair Cty.), is available at:

LIVE NATION: Faces Class Action Over Paperless Ticketing System---------------------------------------------------------------TicketNews reports that a recent class action lawsuit, filedSeptember 10, 2012 in the United States District Court in NewYork, alleges that Live Nation and Ticketmaster violated New Yorkstate law by offering solely paperless ticketing. The suit,brought in relation to tickets purchased for a Swedish House Mafiaevent on December 16, 2011, seeks damages from Live Nation forcountless consumers who purchased tickets to numerous events inNew York.

The suit claims that Ticketmaster and Live Nation violated theArts and Cultural Affairs Law of New York (ACAL). By employing apaperless ticketing system for New York events, Live Nation andTicketmaster violated ACAL because the system did not provide theconsumer with either "an option to purchase paperless tickets thatthe consumer could transfer at any price, and at any time, andwithout additional fees" or "an option at the time of initial saleto purchase the same tickets in some other form that istransferrable."

The plaintiff in the suit says that Live Nation/Ticketmaster didnot provide him with these options. He was told that he was onlyable to pick up his ticket, which cost him $89.75, at the WillCall Office on the night of the show, that only he was able topick up the ticket, and that "there will be no refunds issued ifyou are unable to attend." He was not able to purchase any otherform of ticket.

Any resident of New York, New Jersey, or Connecticut who purchasedtickets to specific New York events between July 2, 2010 andJanuary 26, 2012 might be eligible for damages, if the case isdecided against Live Nation/Ticketmaster. The plaintiff isseeking damages of at least $50 for each violation.

But some Jewish inmates are objecting to the settlement. Kosherfood is now available at all prisons and, an estimated 280 inmatesare taking advantage of the meals.

The state Board of Examiners on Sept. 11 approved a $387,310contract to use Scroll K/Vaad Hakashrus, a nonprofit group, toprovide koshering of kitchens and ongoing rabbinical supervisionof kosher food preparation for prisoners.

The Scroll of Denver, Colo., is a consultant to the ColoradoDepartment of Corrections, helping develop a menu and visitingprisons to monitor the program.

More than 45 prisoners, however, have lodged objections to theproposed settlement, including that the kosher diet does notmeasure up to the main diet served in the prisons.

The complaints say the diet does not meet nutritional standards,and one points out that there is no kosher pizza. They also saidthere isn't any assurance the kosher meals would continue.

But Jacob Hafter, the Las Vegas lawyer who brought the suit, isurging the federal court to approve the settlement. He said thereisn't any evidence of discriminatory intent by the state.

Deputy Attorney General Micheline Fairbanks, who handled the casefor the state, could not be reached for comment.

The kosher diet prohibits pork and shellfish, and eating meat withdairy is taboo.

A hearing is set for Oct. 11 in federal court in Las Vegas toconsider the complaints brought by inmates and whether to approvethe proposed settlement.

NEWELL RUBBERMAID: Continues to Defend Product Liability Suits--------------------------------------------------------------Newell Rubbermaid Inc. is currently a party to two purported stateclass actions and one purported national Canadian class action.The cases include allegations that a certain model car seat soldby an affiliate of the Company did not satisfy all requisitegovernment safety standards. The Company is vigorously defendingall three actions.

No further updates were reported in the Company's August 7, 2012,Form 10-Q filing with the U.S. Securities and Exchange Commissionfor the quarter ended June 30, 2012.

OFFICE DEPOT: Securities Class Action Suit Closed in July---------------------------------------------------------The securities class action lawsuit against Office Depot, Inc. wasdismissed in July 2012, according to the Company's August 7, 2012,Form 10-Q filing with the U.S. Securities and Exchange Commissionfor the quarter ended June 30, 2012.

On April 6, 2011, a putative class action lawsuit was filedagainst the company and certain current and former executiveofficers alleging violations of the Securities Exchange Act of1934 and seeking damages, fees, costs and equitable relief. Theallegations made in this lawsuit primarily relate to the Company'sprevious financial disclosures and reports regarding the certaintax losses. The lawsuit was filed in the United States DistrictCourt for the Southern District of Florida captioned as Climo v.Office Depot, Inc, Steve Odland, Michael D. Newman and Neil R.Austrian. The Court granted a request by the Central Laborers'Pension Fund ("CLPF") to appoint it as lead plaintiff in the caseand the CLPF filed its amended complaint on September 6, 2011.The company filed a motion to dismiss the Complaint in November2011. On May 24, 2012, the Court granted Office Depot's motion todismiss, allowing the plaintiff 20 days to file a second amendedcomplaint, which it did not do.

On July 31, 2012, the Court closed the case because of theplaintiff's failure to file a second amended complaint in a timelymanner.

Office Depot, Inc. -- http://wwww.officedepot.com/-- together with its subsidiaries, supplies office products and services. ItsNorth American Retail division sells an assortment of merchandise,such as general office supplies, computer supplies, businessmachines and related supplies, and office furniture under variouslabels, including Office Depot, Viking Office Products, Foray, andAtiva through its chain of office supply stores. It also providesprinting, reproduction, mailing, shipping, and other services, aswell as personal computer support and network installationservice. The Company was founded in 1986 and is headquartered inBoca Raton, Florida.

OPPENHEIMER HOLDINGS: Quincy Retirement Board Joins Class Action----------------------------------------------------------------Jack Encarnacao, writing for The Patriot Ledger, reports thatQuincy's retirement board has joined Brockton's in a class-actionlawsuit that seeks to get back millions of dollars invested in aprivate equity fund that is under investigation for allegedlymisrepresenting the value of one of its key holdings.

Both the state and the U.S. attorneys general have soughtinformation about the fund from its New York-based parent company,Oppenheimer Holdings Inc., which holds about $76 billion in assetsthroughout the United States and Latin America.

According to the lawsuit, filed in March by Boston firm Block andLeviton LLP, Brockton and Quincy represent "hundreds" of investorsin the Oppenheimer fund.

The plaintiffs seek a return of their investments plus damages,and have demanded a jury trial. A lawyer for Oppenheimer filed amotion Aug. 31 asking that the lawsuit be dismissed. A U.S.District Court judge is reviewing the motion.

An attorney for the plaintiffs, Jeffrey Block, did not return acall for comment. Quincy Retirement Board director EdwardMasterson said he was not authorized to speak about the suit, butsaid the board will not incur any expense in agreeing to be partof it.

"The Quincy Retirement Board is not spending any money on thiscase," he said. "The attorneys have taken it on a contingencybasis. They only get paid if they win, and it's out of theproceeds of the settlement."

Quincy's retirement board, which manages a total $280 million ininvestments, joined the suit two months after it was filed onbehalf of the Brockton Retirement Board, which invested $5 millionin the Oppenheimer fund. Brockton's retirement board also thisyear sued search engine company Google, in which it invested$500,000, for issuing a class of stock that carries no votingrights.

The lawsuit alleges Oppenheimer improperly valued its investments,misled investors as to the performance of its fund and lackedadequate internal and financial controls.

Specifically, the suit alleges Oppenheimer inflated the value ofits shares in Cartesian, a fund into which nearly half of thecapital raised by investors like Quincy and Brockton was invested.Cartesian's sole assets are shares in an investment fund calledFondul, which was founded by the Romanian government in 2005 tocompensate citizens whose property was unlawfully seized by thatcountry's former Communist government.

PACKAGING CORP: Continues to Defend Containerboard Class Suit-------------------------------------------------------------During September and October 2010, Packaging Corporation ofAmerica and eight other U.S. and Canadian containerboard producerswere named as defendants in five purported class action lawsuitsfiled in the United States District Court for the NorthernDistrict of Illinois, alleging violations of the Sherman Act. Thelawsuits have been consolidated in a single complaint under thecaption Kleen Products LLC v Packaging Corp. of America et al.The consolidated complaint alleges that the defendants conspiredto limit the supply of containerboard, and that the purpose andeffect of the alleged conspiracy was to artificially increaseprices of containerboard products during the period of August 2005to the time of filing of the complaints. The complaint was filedas a purported class action lawsuit on behalf of all purchasers ofcontainerboard products during such period. The complaint seekstreble damages and costs, including attorney's fees. Thedefendants' motions to dismiss the complaint were denied by thecourt in April 2011. PCA believes the allegations are withoutmerit and will defend this lawsuit vigorously. However, as thelawsuit is in the early stages of discovery, PCA is unable topredict the ultimate outcome or estimate a range of reasonablypossible losses.

No further updates were reported in the Company's August 7, 2012,Form 10-Q filing with the U.S. Securities and Exchange Commissionfor the quarter ended June 30, 2012.

PANTRY INC: Dispositive Motions in Suits Over Fuel Temp. Pending----------------------------------------------------------------The Pantry, Inc.'s dispositive motions filed in class actionlawsuits over fuel temperature are still pending, according to theCompany's August 7, 2012, Form 10-Q filing with the U.S.Securities and Exchange Commission for the quarter ended June 28,2012.

Since the beginning of fiscal 2007, over 45 class action lawsuitshave been filed in federal courts across the country againstnumerous companies in the petroleum industry. Major petroleumcompanies and significant retailers in the industry have beennamed as defendants in these lawsuits. Initially, the Company wasnamed as a defendant in eight of these cases, three of which havebeen dismissed without prejudice. The Company remains as adefendant in five cases: one in North Carolina (Neese, et al. v.Abercrombie Oil Company, Inc., et al., E.D.N.C., No. 5:07-cv-00091-FL, filed 3/7/07); one in Alabama (Cook, et al. v. ChevronUSA, Inc., et al., N.D. Ala., No. 2:07-cv-750-WKW-CSC, filed8/22/07); one in Georgia (Rutherford, et al. v. Murphy Oil USA,Inc., et al., No. 4:07-cv-00113-HLM, filed 6/5/07); one inTennessee (Shields, et al. v. RaceTrac Petroleum, Inc., et al.,No. 1:07-cv-00169, filed 7/13/07); and one in South Carolina(Korleski v. BP Corporation North America, Inc., et al., D.S.C.,No 6:07-cv-03218-MDL, filed 9/24/07). Pursuant to an Orderentered by the Joint Panel on Multi-District Litigation, all ofthe cases, including those in which the Company was named, havebeen transferred to the United States District Court for theDistrict of Kansas and consolidated for all pre-trial proceedings.The plaintiffs in the lawsuits generally allege that they areretail purchasers who received less motor fuel than the defendantsagreed to deliver because the defendants measured the amount ofmotor fuel they delivered in non-temperature adjusted gallonswhich, at higher temperatures, contain less energy. Plaintiffsmore recently have focused on the allegation that the sale of fuelby the statutorily-required gallon is inherently deceptive absenttemperature disclosures. These cases seek, among other relief, anorder requiring the defendants to install temperature adjustingequipment on their retail motor fuel dispensing devices. Incertain of the cases, including some of the cases in which theCompany named, plaintiffs also have alleged that becausedefendants pay fuel taxes based on temperature adjusted 60 degreegallons, but allegedly collect taxes from consumers on non-temperature adjusted gallons, defendants receive a greater amountof tax from consumers than they paid on the same gallon of fuel.The plaintiffs in these cases seek, among other relief, recoveryof excess taxes paid and punitive damages. Both types of casesseek compensatory damages, injunctive relief, attorneys' fees andcosts, and prejudgment interest.

The defendants filed motions to dismiss all cases for failure tostate a claim, which were denied by the court on February 21,2008. A number of the defendants, including the Company,subsequently moved to dismiss for lack of subject matterjurisdiction or, in the alternative, for summary judgment on thegrounds that plaintiffs' claims constitute non-justiciable"political questions." The Court denied the defendants' motion todismiss on political question grounds on December 3, 2009, anddefendants request to appeal that decision to the United StatesCourt of Appeals for the Tenth Circuit was denied on August 31,2010.

In May 2010, in a lawsuit ("Kansas case") in which the Company wasnot a party, the Court granted class certification to Kansas fuelpurchasers seeking implementation of automated temperaturecontrols and/or certain disclosures, but deferred ruling on anyclass for damages. Defendants sought permission to appeal thatdecision to the Tenth Circuit in June 2010, and that request wasdenied on August 31, 2010. On November 12, 2011, Defendants inthe Kansas case filed a motion to decertify the Kansas classes inlight of a new favorable United States Supreme Court decision. OnJanuary 19, 2012, the Judge denied the Defendants' motion todecertify and granted the Plaintiffs' motion to certify a class asto liability and injunctive relief aspects of Plaintiffs' claims.The court has continued to deny certification of a damages class.Multiple claims in the Kansas case have been dismissed voluntarilyby the plaintiffs or dismissed by the Court, including unjustenrichment, misrepresentation and civil conspiracy. The Kansascase was set for trial in August 2012. The Company has fileddispositive motions in each of the cases in which it has beensued.

At this stage of proceedings, the Company says it cannot estimateits ultimate loss or liability, if any, related to these lawsuitsbecause there are a number of unknown facts and unresolved legalissues that will impact the amount of any potential liability,including, without limitation: (i) whether defendants arerequired, or even permitted under federal and/or state law, tosell temperature adjusted gallons of motor fuel and/or disclosethe temperature of the fuel; (ii) the amounts, price and actualtemperature of fuel purchased by plaintiffs; and (iii) whether ornot class certification is proper in cases to which the Company isa party. An unfavorable outcome in this litigation could have amaterial effect on the Company's business, financial condition,results of operations, and cash flows.

The Pantry, Inc. -- http://www.pantry.com/-- operates a chain of convenience stores in the southeastern United States. TheCompany's stores offer a selection of merchandise, fuel, andancillary products and services. Its merchandise products includecigarettes, grocery and other tobacco products, packagedbeverages, beer, and wine. The Company operates stores undervarious selected banners, which primarily include KangarooExpress. The Company was founded in 1967 and is headquartered inCary, North Carolina.

On October 19, 2009, Patrick Amason, on behalf of himself and aputative class of similarly situated individuals, filed a lawsuitagainst The Pantry in the United States District Court for theNorthern District of Alabama, Western Division (Patrick Amason v.Kangaroo Express and The Pantry, Inc. No. CV-09-P-2117-W). OnSeptember 9, 2010, a first amended complaint was filed addingEnger McConnell on behalf of herself and a putative class ofsimilarly situated individuals. The plaintiffs seek class actionstatus and allege that The Pantry included more information thanis permitted on electronically printed credit and debit cardreceipts in willful violation of the Fair and Accurate CreditTransactions Act, codified at 15 U.S.C. Section 1681c(g). Theamended complaint alleges that: (i) plaintiff Patrick Amason seeksto represent a subclass of those class members as to whom theCompany printed receipts containing the first four and last fourdigits of their credit and/or debit card numbers; and (ii)Plaintiff Enger McConnell seeks to represent a subclass of thoseclass members as to whom the Company printed receipts containingall digits of their credit and/or debit card numbers. Theplaintiffs seek an award of statutory damages of $100 to $1,000for each alleged willful violation of the statute, as well asattorneys' fees, costs, punitive damages and a permanentinjunction against the alleged unlawful practice. On July 25,2011, the court denied plaintiffs' initial motion for classcertification but granted the plaintiffs the right to file anamended motion. On October 3, 2011, Plaintiff filed an amendedmotion for class certification seeking to certify two classes. Thefirst purported class, represented by Mr. Amason, consists of (A)all natural persons whose credit and/or debit card was used at anin-store point of sale owned or operated by the Company from June4, 2009, through the date of the final judgment in the action, (B)where the transaction was in a company store located in the Stateof Alabama; and (C) in connection with the transaction, a receiptwas printed by Retalix software containing the first four and lastfour digits of the credit/debit card number on the receiptprovided to the customer. The second purported class, representedby Ms. McConnell, consists of (A) all natural persons whose creditand/or debit card was used at an in-store point of sale owned oroperated by the Company fromJune 1, 2009, through the date of the final judgment in theaction, and (B) in connection with the transaction, a receipt wasprinted containing all of the digits of the credit/debit cardnumbers on the receipt provided to the customer. The Companyopposed the motion for class certification, and also filed amotion to dismiss the plaintiffs' claims on the basis that theplaintiffs lack standing or alternatively to stay the case untilthe Supreme Court of the United States rules in First AmericanFinancial Corp. v. Edwards (the "Edwards case"), another caseinvolving a standing issue.

On January 19, 2012, the Court issued an order staying the caseuntil a decision is issued in the Edwards case, and subsequentlyadministratively terminated plaintiffs' motion for classcertification, subject to plaintiffs' right to refile the motionafter the stay is removed. On June 28, 2012, the Supreme Court ofthe United States dismissed the writ of certiorari in the Edwardscase as having been improvidently granted, an action that has noprecedential effect on the Company's case. The parties filed aJoint Report to the Court on July 10, 2012, requesting thatplaintiffs' Renewed Motion for Class Certification and theCompany's Motion to Dismiss for Lack of Standing be deemedrefiled.

At this stage of the proceedings, the Company says it cannotreasonably estimate its ultimate loss or liability, if any,related to this lawsuit because there are a number of unknownfacts and unresolved legal issues that will impact the amount ofthe Company's potential liability, including, without limitation:(i) whether the plaintiffs have standing to assert their claims;(ii) whether a class or classes will be certified; (iii) if aclass or classes are certified, the identity and number of theputative class members; and (iv) if a class or classes arecertified, the resolution of certain unresolved statutoryinterpretation issues that may impact the size of the putativeclass(es) and whether or not the plaintiffs are entitled tostatutory damages. An unfavorable outcome in this litigationcould have a material effect on the Company's business, financialcondition, results of operations and cash flows.

The Pantry, Inc. -- http://www.pantry.com/-- operates a chain of convenience stores in the southeastern United States. TheCompany's stores offer a selection of merchandise, fuel, andancillary products and services. Its merchandise products includecigarettes, grocery and other tobacco products, packagedbeverages, beer, and wine. The Company operates stores undervarious selected banners, which primarily include KangarooExpress. The Company was founded in 1967 and is headquartered inCary, North Carolina.

PEREGRINE FINANCIAL: Officials Face Another Class Action Suit-------------------------------------------------------------Victor Epstein, writing for DesMoinesRegister.com, reports thatyet another class action lawsuit has been filed against RussellWasendorf and other top executives at the defunct PeregrineFinancial Group, the Cedar Falls-based futures and commoditiesbrokerage that collapsed in July after more than $200 million wasfound missing from customer funds.

A group of victims that includes a financial services firm basedin the United Kingdom's Channel Islands called Willow TrusteesLimited became at least the sixth group of former Peregrinecustomers to seek class status with their complaint on Sept. 14.Another class-action lawsuit has been filed on behalf of Peregrineemployees.

Class action lawsuits seek federal certification so that they cansue both on behalf of their named plaintiffs and all other personsand firms in similar straits.

The Sept. 14 filing by Willow, et al. came just ahead of a keyhearing in Cedar Rapids federal court on Sept. 17, whereMagistrate Jon Scoles was expected to approve a plea agreementbetween Wasendorf and prosecutors. Judge Scoles was expected torelease the 64-year-old, who faces as much as 50 years in prisonunder the deal, pending his sentencing for mail fraud, embezzlingcustomer funds and lying to regulators.

Mr. Wasendorf has been in police custody since a botched suicideattempt on July 9 set the implosion of Peregrine in motion. About24,000 Peregrine customers have had their accounts frozen, alongwith roughly 800 introducing brokers. More than 200 employeeshave lost their jobs.

PFIZER INC: Ex-Wyeth Shareholders Obtain Class Certification------------------------------------------------------------Jonathan Stempel, writing for Reuters, reports that a federaljudge has granted class-action status to former Wyeth Inc.shareholders who accused the company, now part of Pfizer Inc., ofmisleading them about risks associated with the antidepressantPristiq.

The decision issued on Sept. 18 by U.S. District Judge RichardSullivan in Manhattan is a victory for shareholders led by thePipefitters Union Local 537 Pension Fund in Boston.

It lets shareholders sue the largest U.S. drugmaker by revenue asa group rather than individually, which could lead to largerrecoveries while lowering costs.

Christopher Loder, a Pfizer spokesman, said the company willcontinue to vigorously defend itself in the case.

Wyeth shares lost more than $7.6 billion of market value on July24, 2007 after the company said the U.S. Food and DrugAdministration would not approve Pristiq to treat "hot flashes" inpost-menopausal women until it received information aboutpotential serious heart and liver problems associated with use ofthe drug.

Shareholders said Wyeth should have revealed adverse effectsassociated with Pristiq sooner, and that its failure to do socaused its stock price to be inflated during the June 26, 2006 toJuly 24, 2007 class period. Pfizer bought Wyeth in 2009.

Pristiq generated $309 million of sales from January to June forNew York-based Pfizer, falling short of the "multi-billion dollarpotential" that Wyeth Chief Executive Robert Essner had in October2006 said the drug might have.

Analysts once hoped the drug, whose chemical name isdesvenlafaxine, could generate more than $2 billion of annualsales, and help Wyeth withstand the 2010 loss of patent protectionfor its anti-depression drug Effexor.

Mr. Essner and several other former Wyeth officials are alsodefendants in the case.

Judge Sullivan said the shareholders had shown they had relied onWyeth's alleged misrepresentations, and considered Pristiqparticularly important to Wyeth's overall business.

"Under the facts currently before it, including Wyeth's drugpipeline and the looming expiration of patents concerning otherWyeth drugs, the court concludes that the plaintiffs havesufficiently demonstrated the materiality of the allegedly omittedinformation," Judge Sullivan wrote.

Laurie Largent and David Rosenfeld, lawyers for the plaintiffs,did not immediately respond to requests for comment.

The case, which has a Michigan retirement system as the namedplaintiff, is City of Livonia Employees' Retirement System v.Wyeth et al, U.S. District Court, Southern District of New York,No. 07-10329.

PORTLAND GENERAL: Electric Service Customers Suits in Abatement---------------------------------------------------------------Two class action lawsuits filed by electric service customersagainst Portland General Electric Company remains abated,according to the Company's August 7, 2012, Form 10-Q filing withthe U.S. Securities and Exchange Commission for the quarter endedJune 30, 2012.

In two separate legal proceedings, lawsuits were filed in MarionCounty Circuit Court against PGE in 2003 on behalf of two classesof electric service customers. The class action lawsuits seekdamages of $260 million, plus interest, as a result of theCompany's inclusion, in prices charged to customers, of a returnon its investment in Trojan Nuclear Plant.

In 2006, the Oregon Supreme Court issued a ruling ordering theabatement of the class action proceedings until the Public UtilityCommission of Oregon (OPUC) responded to a 2002 order. The OregonSupreme Court concluded that the OPUC has primary jurisdiction todetermine what, if any, remedy it can offer to PGE customers,through price reductions or refunds, for any amount of return onthe Trojan investment the Company collected in prices for theperiod from April 1, 1995, through October 1, 2000.

The Oregon Supreme Court further stated that if the OPUCdetermined that it can provide a remedy to PGE's customers, thenthe class action proceedings may become moot in whole or in part.The Oregon Supreme Court added that, if the OPUC determined thatit cannot provide a remedy, the court system may have a role toplay. The Oregon Supreme Court also ruled that the plaintiffsretain the right to return to the Marion County Circuit Court fordisposition of whatever issues remain unresolved from the remandedOPUC proceedings. The Marion County Circuit Court subsequentlyabated the class actions in response to the ruling of the OregonSupreme Court.

Because the matter involves unsettled legal theories and have abroad range of potential outcomes, the Company's management cannotestimate a range of potential loss. However, management believesthat these matters will not have a material impact on thefinancial condition of the Company, but may have a material impacton the results of operations and cash flows in future reportingperiods.

SOTHEBYS: Plaintiffs Appeal Dismissal of Suit Over Royalties------------------------------------------------------------Plaintiffs appealed the dismissal of their class action lawsuitagainst a subsidiary of Sotheby's, according to the Company'sAugust 7, 2012, Form 10-Q filing with the U.S. Securities andExchange Commission for the quarter ended June 30, 2012.

Estate of Robert Graham, et al. v. Sotheby's, Inc. is a purportedclass action commenced in the U.S. District Court for the CentralDistrict of California in October 2011 on behalf of U.S. artists(and their estates) whose artworks were sold by Sotheby's in theState of California or at auction by California sellers and forwhich a royalty was allegedly due under the California ResaleRoyalties Act (the "Resale Royalties Act"). Plaintiffs seekunspecified damages, punitive damages and injunctive relief foralleged violations of the Resale Royalties Act and the CaliforniaUnfair Competition Law. In January 2012, Sotheby's filed a motionto dismiss the action on the grounds, among others, that theResale Royalties Act violates the United States Constitution andis pre-empted by the United States Copyright Act of 1976. InFebruary 2012, the plaintiffs filed their response to Sotheby'smotion to dismiss. The court heard oral arguments on the motionto dismiss on March 12, 2012. On May 17, 2012, the court issuedan order dismissing the action on the ground that the ResaleRoyalties Act violated the Commerce Clause of the U.S.Constitution. The plaintiffs have appealed this ruling.

The Company says it is currently not possible to make an estimateof the amount or range of loss that could result from anunfavorable outcome of this matter. Sotheby's believes that thereare meritorious defenses to the appeal.

STERLING FINANCIAL: Partial Dismissal OK'd in Overdraft Fee Suit----------------------------------------------------------------A partial motion to dismiss was granted in one of two class actionlawsuits over overdraft fees against Sterling FinancialCorporation, according to the Company's August 7, 2012, Form 10-Qfiling with the U.S. Securities and Exchange Commission for thequarter ended June 30, 2012.

On March 22, 2012, Sterling and its subsidiary, Sterling SavingsBank, were named as defendants in a purported class action lawsuitfiled by a Washington customer of Sterling Savings Bank in KingCounty, Washington, Superior Court, and on May 25, 2012, SterlingSavings Bank was named a defendant in a similar purported classaction lawsuit filed on behalf of a customer in the U.S. DistrictCourt of Oregon. These lawsuits challenge the manner in whichoverdraft fees were charged and the disclosures related to postingorder of debit card and ATM transactions, and allege claims forbreach of contract, breach of the covenant of good faith and fairdealing, unconscionability, conversion, unjust enrichment, and aviolation of state consumer protection laws. The two lawsuitsencompass claims on behalf of Sterling Savings Bank customers fromthe five states in which Sterling Savings Bank presently conductsbusiness. No class has been certified in either lawsuit and thereare significant uncertainties involved in any purported classaction litigation. On August 1, 2012, a partial motion to dismissbrought by Sterling in the Washington case was granted, dismissingplaintiffs' claims for unconscionability, conversion, and unjustenrichment.

Sterling says it intends to vigorously defend the lawsuits.Failure by Sterling Savings Bank to obtain a favorable resolutionof the claims set forth in the complaints could have a materialadverse effect on its business, results of operations andfinancial condition. Currently, a loss resulting from theseclaims is not considered probable or reasonably estimable inamount.

Spokane, Washington-based Sterling Financial Corporation --http://www.sterlingfinancialcorporation-spokane.com/-- is a bank holding company, organized under the laws of Washington State in1992. The principal subsidiaries of Sterling are Sterling SavingsBank and Golf Savings Bank. Subsequent to June 30, 2010, GolfSavings Bank was merged with and into Sterling Savings Bank, withthe mortgage banking operations of Golf Savings Bank continuing tooperate as a division of Sterling Savings Bank.

Micah and David DuBeau claim Spokane-based Sterling and a bank itacquired in 2010, Golf Savings Bank, violated federal and Oregonwage-and-hour laws, according to a complaint filed in U.S.District Court in Eugene.

The brothers say the banks improperly classified them as exemptfrom receiving overtime, even though their work didn't meet thelegal definition of an exempt employee, the lawsuit claims.

The DuBeaus first went to work for Golf in April 2010. Sterlingacquired Golf in August 2010. They worked at Sterling until May,though Micah DuBeau left for about six months in 2011.

They seek to certify the lawsuit as a class-action representingloan officers who've worked for the banks in Oregon for the pastsix years and nationwide for the past three years. Rowdy Meeks,an attorney in Kansas City representing the DuBeaus, estimates thelawsuit could cover 1,000 people.

Sterling, a subsidiary of Sterling Financial Corp., operates 189branches in in five states, including Oregon and Washington.

SYNGENTA CROP: Judge Tosses Atrazine Settlement Objection---------------------------------------------------------Bethany Krajelis, writing for The Madison St. Clair Record,reports that the recently-filed objection to the proposed $105million settlement over atrazine has been thrown out.

U.S. District Judge Phil Gilbert late last week issued amemorandum and order over the objection California attorneyDarrell Palmer filed earlier this month on behalf of Public WaterSupply District 1 of Clinton County, Mo., and the Nocona WaterDepartment in Texas.

In his clients' objection, Mr. Palmer called the request forattorneys' fees -- nearly $35 million -- excessive and claimedthat one of his clients never received notice of the proposedsettlement.

St. Louis attorney Stephen Tillery, who represents the plaintiffsin the 2010 class action lawsuit against Syngenta AG and SyngentaCrop Protection, countered Mr. Palmer's claims and dubbed him aserial objector in his firm's response to the objection.

Mr. Tillery's response also stressed that even if Mr. Palmer'sobjection had merit, it was filed too late.

Under the proposed settlement, claimants had until Aug. 28 toobject and records show that Mr. Palmer signed the objection onAug. 28, mailed it on Sept. 4 and electronically filed it on Sept.6.

Noting the allegation by Mr. Tillery's firm that Mr. Palmer files"meritless objections to extract payment in exchange for dismissalof [his] frivolous claims," Judge Gilbert wrote that he "has nothad the occasion to review whether the objections filed in thiscase are part of such an effort because the objections were nottimely filed."

"Had the objections filed by Palmer been timely, the Court mayhave granted him pro hac vice admission and addressed anyfrivolous objections using Rule 11 sanctions," Judge Gilbert said."However, the objections were untimely and have been stricken.Palmer's admission would serve no purpose in this case."

Pursuant to his decision, Judge Gilbert ordered the clerk of thecourt to terminate Mr. Palmers' two clients as objectors and torefund his $100 pro hac vice admission fee.

Mr. Palmer's objection was the only one electronically filed,which means the proposed settlement will likely face next month'sfinal fairness hearing without opposition.

An update on the atrazine settlement Web site stated that "[s]omeclass members have expressed an interest in attending the finalfairness hearing to speak in support of the settlement."

A handful of attorneys last month submitted declarations insupport of the proposed attorneys' fees, which would not exceedone-third of the settlement fund.

If approved, attorneys at Mr. Tillery's firm and fellow classcounsel at Baron & Budd in Texas would share more than $30 millionin attorneys' fees. They also requested an additional $8.4million in litigation costs and expenses.

The update further noted that "Response to the settlement has beenoverwhelmingly positive, and we are currently in the process ofvalidating the more than 1,000 claims received."

The deadline to file claims was Aug. 28. Attorneys on both sideshave previously estimated that the settlement would resolve claimsof about 1,800 water providers.

The update on the settlement Web site explained that once claimsare validated, claimants will be notified of their claim's status.If a claim is denied, the party will be notified as to why and ifapproved, will find out the percentage of the settlement they willreceived.

"Finally, we will file a motion for final approval of thesettlement that among other things will ask the Court to approveour validation of claims and calculation of each approvedclaimant's percentage of the settlement proceeds," the update onthe Web site states.

The final fairness hearing over the proposed settlement is setbefore Judge Gilbert on Oct. 22 in Benton.

In 2010, Mr. Tillery filed a class action suit in federal courtagainst the Syngenta defendants and on behalf of the city ofGreenville and several other water providers in six Midwesternstates.

The plaintiffs contend that atrazine ran off farm fields and intotheir water supplies, forcing them to incur expenses related tothe testing, monitoring and filtering of their water.

TECUMSEH PRODUCTS: Continues to Defend Suits Over Compressor------------------------------------------------------------Tecumseh Products Company continues to defend itself against classaction lawsuits arising from an antitrust investigation in thecompressor industry, according to the Company's August 7, 2012,Form 10-Q filing with the U.S. Securities and Exchange Commissionfor the quarter ended June 30, 2012.

On February 17, 2009, the Company received a subpoena from theUnited States Department of Justice Antitrust Division ("DOJ") anda formal request for information from the Secretariat of EconomicLaw of the Ministry of Justice of Brazil ("SDE") related toinvestigations by these authorities into possible anti-competitivepricing arrangements among certain manufacturers in the compressorindustry. The European Commission began an investigation of theindustry on the same day.

The Company is cooperating fully with these investigations. Inaddition, the Company has entered into a conditional amnestyagreement with the DOJ under the Antitrust Division's CorporateLeniency Policy. Pursuant to the agreement, the DOJ has agreed tonot bring any criminal prosecution or impose any monetary fineswith respect to the investigation against the Company as long asit, among other things, continues its full cooperation in theinvestigation. The Company has received similar conditionalimmunity from the European Commission and the SDE, and havereceived or requested immunity or leniency from competitionauthorities in other jurisdictions. On December 7, 2011, theEuropean Commission announced it had reached a cartel settlementunder which certain of the Company's competitors received finesfor the conduct investigated. As a result of the Company'sconditional immunity, it was not assessed any fine.

While the Company has taken steps to avoid fines, penalties andother sanctions as the result of proceedings brought by regulatoryauthorities, the amnesty grants do not extend to civil actionsbrought by private plaintiffs. The public disclosure of theseinvestigations has resulted in class action lawsuits filed inCanada and numerous class action lawsuits filed in the UnitedStates, including by both direct and indirect purchaser groups.All of the U.S. actions have been transferred to the U.S. DistrictCourt for the Eastern District of Michigan for coordinated orconsolidated pretrial proceedings under Multidistrict Litigation("MDL") procedures.

On June 24, 2010, Tecumseh Products Company, Tecumseh CompressorCompany, Tecumseh do Brasil, Ltda, and Tecumseh do Brasil U.S.A.LLC entered into a settlement agreement with the direct-purchaserplaintiffs (the "Settlement Agreement") to resolve claims in theaction in order to avoid the costs and distraction of this ongoingclass action litigation. The Settlement Agreement was made by andbetween the Company and its subsidiaries and affiliates, andplaintiffs, both individually and on behalf of a class of personswho purchased in the United States, its territories andpossessions, directly from a defendant during the period fromJanuary 1, 2004, through December 31, 2008: (a) compressors ofless than one horsepower used for refrigeration, freezing orcooling purposes, and/or (b) refrigeration products, includingcondensers, containing compressors of less than one horsepowerused for refrigeration, freezing or cooling purposes (the "CoveredProducts"). Compressors used for air-conditioning applicationsare specifically excluded from both the scope of the case and theSettlement Agreement.

Under the terms of the Settlement Agreement, in exchange forplaintiffs' full release of all U.S. direct-purchaser claimsagainst the Company relating to the Covered Products, the Companyagreed to pay a settlement amount of $7.0 million and, inaddition, agreed to pay up to $250,000 for notice andadministrative costs associated with administering the settlement.These costs were accrued as an expense in the second quarter endedJune 30, 2010, in the line item captioned "Impairments,restructuring charges, and other items". OnJune 13, 2011, the Court issued an order denying without prejudicea motion for preliminary approval of the Company's proposedsettlement with the direct purchaser plaintiffs because the timeframe and products covered by the proposed settlement class wereinconsistent with the Court's rulings of the same date granting,in part, a motion by the other defendants to dismiss claims by thedirect purchaser plaintiffs. As a result of these Court rulings,both the Company and the direct purchaser plaintiffs have theoption to rescind the Settlement Agreement, in which case thesettlement amount will be returned to the Company. Alternatively,the Company and the direct purchaser plaintiffs may agree to amendthe Settlement Agreement to be consistent with the Court's rulingson the motion to dismiss.

The direct purchaser plaintiffs filed an amended complaint toreflect the Court's rulings on the motion to dismiss, and alsorequested leave to further amend that complaint to cover a broaderscope of products. On June 7, 2012, the court resolved the scopeof the direct purchaser claims allowing them to cover fractionalcompressors, or compressors of less than one horsepower, used forrefrigeration purposes (but excluding those used for airconditioning) purchased from February 25, 2005, to December 31,2008. As a result, the direct purchaser plaintiffs have filed aSecond Amended Master Complaint to reflect the court's rulings onthe motion to dismiss.

For the remaining indirect purchaser class actions in the UnitedStates, a consolidated amended complaint was filed on June 30,2010, and the Company filed a motion to dismiss the indirectpurchaser class action on August 30, 2010. On June 7, 2012, thecourt partially granted a motion to dismiss the consolidatedamended complaint with regard to claims for purchasers in severalstates in which the complaint identified no named plaintiff.Supplemental briefs on the remaining issues raised in motions todismiss were due on July 20, 2012, and responses were due inAugust 2012. In Canada, the class actions are still in apreliminary stage.

TECUMSEH PRODUCTS: Still Defends Canadian Horsepower Label Suits----------------------------------------------------------------Tecumseh Products Company continues to defend itself against classaction lawsuits over horsepower labels in Canada, according to theCompany's August 7, 2012, Form 10-Q filing with the U.S.Securities and Exchange Commission for the quarter ended June 30,2012.

On March 19, 2010, Robert Foster and Murray Davenport filed alawsuit under the Class Proceedings Act in the Ontario SuperiorCourt of Justice against the Company and several other defendants(including Sears Canada Inc., Sears Holdings Corporation, JohnDeere Limited, Platinum Equity, LLC, Briggs & StrattonCorporation, Kawasaki Motors Corp., USA, MTD Products Inc., TheToro Company, American Honda Motor Co., Electrolux Home Products,Inc., Husqvarna Consumer Outdoor Products N.A., Inc. and KohlerCo.), alleging that defendants conspired to fix prices oflawnmowers and lawn mower engines in Canada, to lessen competitionin lawnmowers and lawn mower engines in Canada, and to mislabelthe horsepower of lawnmower engines and lawnmowers in violation ofthe Canadian Competition Act, civil conspiracy prohibitions andthe Consumer Packaging and Labeling Act. Plaintiffs seek torepresent a class of all persons in Canada who purchased, fortheir own use and not for resale, a lawnmower containing a gascombustible engine of 30 horsepower or less provided that eitherthe lawnmower or the engine contained within the lawnmower wasmanufactured and/or sold by a defendant or their predecessorsbetween January 1, 1994, and the date of judgment. Plaintiffsseek undetermined money damages, punitive damages, interest, costsand equitable relief. In addition, Snowstorm AcquisitionCorporation and Platinum Equity, LLC, the purchasers of TecumsehPower Company and its subsidiaries and Motoco a.s. in November2007, have notified the Company that they claim indemnificationwith respect to this lawsuit under the Company's Stock PurchaseAgreement with them.

At this time, the Company does not have a reasonable estimate ofthe amount of its ultimate liability, if any, or the amount of anypotential future settlement, but the amount could be material toits financial position, consolidated results of operations andcash flows.

On May 3, 2010, a class action was commenced in the Superior Courtof the Province of Quebec by Eric Liverman and Sidney Vadishagainst the Company and several other defendants advancingallegations similar to the Foster case. Plaintiffs seekundetermined money damages, punitive damages, interest, costs, andequitable relief. As stated in the Foster case, SnowstormAcquisition Corporation and Platinum Equity, LLC, the purchasersof Tecumseh Power Company and its subsidiaries and Motoco a.s. inNovember 2007, have notified the Company that they claimindemnification with respect to this lawsuit under its StockPurchase Agreement with them.

At this time, the Company does not have a reasonable estimate ofthe amount of its ultimate liability, if any, or the amount of anypotential future settlement, but the amount could be material toits financial position, consolidated results of operations andcash flows.

TENET HEALTHCARE: Appeal in "Doe" Class Suit Remains Pending------------------------------------------------------------Tenet Healthcare Corporation's appeal from the trial court'sdenial of its motion to decertify as a class action the proceedinginitiated by Doe, et al., remains pending, according to theCompany's August 7, 2012, Form 10-Q filing with the U.S.Securities and Exchange Commission for the quarter ended June 30,2012.

The Company is a defendant in a class action lawsuit in which theplaintiffs claim that in April 1996, patient identifying recordsfrom a psychiatric hospital that the Company closed in 1995 weretemporarily placed in an unsecure location while the hospital wasundergoing renovations. The lawsuit, Doe, et al. v. Jo EllenSmith Medical Foundation, was filed in the Civil District Courtfor the Parish of Orleans in Louisiana in March 1997 and iscurrently pending. The plaintiffs' claims include allegations oftortious invasion of privacy and negligent infliction of emotionaldistress. The plaintiffs contend that the class consists ofapproximately 5,000 persons; however, only eight individuals havebeen identified to date in the class certification process. Theplaintiffs have asserted each member of the class is entitled tocommon damages under a theory of presumed "common damage"regardless of whether or not any members of the class wereactually harmed or even aware of the incident. The Companybelieves there is no authority for an award of common damagesunder Louisiana law. In addition, the Company believes that thereis no basis for the certification of this proceeding as a classaction under applicable federal and Louisiana law precedents.However, the trial court has denied the Company's motions forsummary judgment and its motion to decertify the class.

In March 2012, the Louisiana Supreme Court denied the Company'sinterlocutory appeal of the trial court's decision on summaryjudgment based on procedural grounds, noting that the Companyretains an adequate remedy to appeal any adverse judgment thatmight be rendered by the trial court. In April 2012, the Companyfiled a notice of appeal of the trial court's denial of its motionto decertify the proceeding as a class action. The notice ofappeal was granted, and the trial has been stayed pending theoutcome of the appeal.

At this time, the Company says it is not able to estimate thereasonably possible loss or reasonably possible range of lossgiven: the small number of class members that have been identifiedor otherwise responded to the class certification process; thenovel theories asserted by plaintiffs, including their assertionthat a theory of presumed common damage exists under Louisianalaw; uncertainties as to the timing and outcome of the appealsprocess; and the failure of the plaintiffs to provide any evidenceof damages. The Company intends to vigorously contest theplaintiffs' claims.

TENET HEALTHCARE: Awaits Decision in Wage and Hour Class Suits--------------------------------------------------------------Tenet Healthcare Corporation is awaiting a court decision inconnection with its supplemental brief arguing that the court ofappeals should reaffirm its decision upholding the lower court'sdenial of class certification in the wage and hour lawsuitspending in California, according to the Company's August 7, 2012,Form 10-Q filing with the U.S. Securities and Exchange Commissionfor the quarter ended June 30, 2012.

The Company is a defendant in two coordinated lawsuits in LosAngeles Superior Court alleging that its hospitals violatedcertain provisions of California's labor laws and applicable wageand hour regulations. The cases are: McDonough, et al. v. TenetHealthcare Corporation (which was filed in June 2003) and Tien, etal. v. Tenet Healthcare Corporation (which was filed in May 2004).The plaintiffs seek back pay, statutory penalties, interest andattorneys' fees. The plaintiffs' requests for class certificationwere denied in the lower court, and the appellate court affirmedthe lower court's ruling. The California Supreme Court grantedthe plaintiffs' petition for review of the lower court's ruling,but deferred further action in the matter pending its decision ina similar case, which was subsequently issued in April 2012. Inlight of its ruling in that case, on June 20, 2012, the CaliforniaSupreme Court transferred the Tien/McDonough cases back to thecourt of appeal with directions to vacate its decision andreconsider the cause. The Company has filed a supplemental briefarguing that the court of appeal should reaffirm its decisionupholding the lower court's denial of class certification. Basedon available information, the Company continues to believe at thistime that the ultimate resolution of these matters will not have amaterial adverse effect on its business, financial condition,results of operations or cash flows.

TENET HEALTHCARE: To Submit "Dunn" Suit Settlement This Month-------------------------------------------------------------Tenet Healthcare Corporation disclosed in its August 7, 2012, Form10-Q filing with the U.S. Securities and Exchange Commission forthe quarter ended June 30, 2012, that it will submit this monthfor preliminary court approval an agreement to resolve the lawsuitfiled by Dunn, et al.

In January 2012, the Company reached an agreement in principle tosettle for approximately $12 million a purported class actionlawsuit filed on behalf of persons allegedly injured followingHurricane Katrina at Lindy Boggs Medical Center (one of theCompany's former New Orleans area hospitals). The Company expectsto enter into a final settlement agreement in August 2012 andsubmit the agreement to the court for preliminary approval inSeptember 2012. The settlement, which will be covered in full bythe Company's excess insurance carrier, will be apportioned amongthe eligible class members who file a proof of claim once theCivil District Court for the Parish of Orleans certifies the classin that case -- which is captioned Dunn, et al. v. Tenet Mid-CityMedical, L.L.C. (formerly d/b/a Lindy Boggs Medical Center), etal.

TEREX CORP: Awaits Rulings on Bid to Dismiss Two Class Suits------------------------------------------------------------Terex Corporation is awaiting court decisions on its motions todismiss a securities and an ERISA class action lawsuit, accordingto the Company's August 7, 2012, Form 10-Q filing with the U.S.Securities and Exchange Commission for the quarter ended June 30,2012.

The Company has received complaints seeking certification of classaction lawsuits in a lawsuit brought under Employee RetirementIncome Security Act of 1974 ("ERISA"), a securities lawsuit and astockholder derivative lawsuit :

* A consolidated complaint in the ERISA lawsuit was filed in the United States District Court, District of Connecticut on September 20, 2010, and is entitled In Re Terex Corp. ERISA Litigation.

* A consolidated class action complaint for violations of securities laws in the securities lawsuit was filed in the United States District Court, District of Connecticut on November 18, 2010, and is entitled Sheet Metal Workers Local 32 Pension Fund and Ironworkers St. Louis Council Pension Fund, individually and on behalf of all others similarly situated v. Terex Corporation, et al.

These lawsuits generally cover the period from February 2008 toFebruary 2009 and allege, among other things, that certain of theCompany's SEC filings and other public statements contained falseand misleading statements which resulted in damages to theCompany, the plaintiffs and the members of the purported classwhen they purchased the Company's securities and in the ERISAlawsuit and the stockholder derivative complaint, that there werebreaches of fiduciary duties and of ERISA disclosure requirements.The stockholder derivative complaint also alleges waste ofcorporate assets relating to the repurchase of the Company'sshares in the market and unjust enrichment as a result ofsecurities sales by certain officers and directors. Thecomplaints all seek, among other things, unspecified compensatorydamages, costs and expenses. As a result, the Company is unableto estimate a possible loss or a range of losses for theselawsuits. The stockholder derivative complaint also seeksamendments to the Company's corporate governance procedures inaddition to unspecified compensatory damages from the individualdefendants.

The Company believes that the allegations in the lawsuits arewithout merit, and Terex, its directors and the named executiveswill continue to vigorously defend against them. The Companybelieves that it has acted, and continues to act, in compliancewith federal securities laws and ERISA law with respect to thesematters. Accordingly, on November 19, 2010, the Company filed amotion to dismiss the ERISA lawsuit and on January 18, 2011, theCompany filed a motion to dismiss the securities lawsuit. Thesemotions are currently pending before the court. The plaintiff inthe stockholder derivative lawsuit has agreed with the Company toput this lawsuit on hold pending the outcome of the motion todismiss in connection with the securities lawsuit.

UNITED SALAD: Recalls Products That Contain Mangoes---------------------------------------------------United Salad Co. is initiating a voluntary, precautionary recallon various products it distributes to retail supermarkets thatcontain Mangoes associated with the Food Source Tomorrow'sTropical recall with the potential to be contaminated withSalmonella.

Salmonella is an organism which can cause serious and sometimesfatal infections in young children, frail or elderly people, andothers with weakened immune systems. Healthy persons infectedwith Salmonella often experience fever, diarrhea (which may bebloody), nausea, vomiting and abdominal pain. In rarecircumstances, infection with Salmonella can result in theorganism getting into the bloodstream and producing more severeillnesses such as arterial infections (i.e., infected aneurysms),endocarditis and arthritis.

There have been no reported illnesses attributed to the recalleditems. United Salad Co. is issuing this voluntary recall linkedto the supplier's Tropical Mangoes recall to minimize risk to thepublic health.

The recalled products were distributed to retailers andsupermarkets from 09/01/12 to 09/17/12 in Alaska, Idaho, Montana,Oregon and Washington. A list of recalled products is listed inthe table.

The Company has directly notified all customers who received therecalled product and requested removal from store shelves.

Anyone who has the recalled product in their possession should notconsume it and should destroy or discard it. Consumers withquestions may contact the Company at 1-800-547-5536 Monday -Friday, 8:00 a.m. to 5:00. p.m. (Pacific Time).

In addition, if you may have further distributed this product,please identify your customers and notify them at once of thisproduct recall and inform them to not consume the products anddestroy or discard it.

This recall is being made with the knowledge of the Food and DrugAdministration.

The Company thanks the consumers for their understanding andcooperation in this regard. Please feel free to contact theCompany should additional information or assistance is required.

UNITEDHEALTH GROUP: Continues to Defend Ingenix-Related Suits-------------------------------------------------------------UnitedHealth Group Incorporated continues to defend class actionlawsuits arising from its use of a database previously maintainedby Ingenix, Inc., according to the Company's August 7, 2012, Form10-Q filing with the U.S. Securities and Exchange Commission forthe quarter ended June 30, 2012.

In 2000, a group of plaintiffs including the American MedicalAssociation filed a lawsuit against the Company asserting avariety of claims challenging the Company's determination ofreimbursement amounts for non-network health care services basedon the Company's use of a database previously maintained byIngenix, Inc. (now known as OptumInsight). The parties enteredinto a settlement agreement in 2009 and this class action lawsuit,along with a related industry-wide investigation by the New YorkAttorney General, is now resolved. The Company remains a party toa number of other lawsuits challenging the determination of out-of-network reimbursement amounts based on use of the samedatabase, including putative class actions and multidistrictlitigation brought on behalf of members of Aetna and WellPoint.The Company was dismissed as a party from a similar lawsuitinvolving Cigna and its members. These lawsuits allege, amongother things, that the database licensed to these companies byIngenix was flawed and that Ingenix conspired with these companiesto underpay their members' claims and seek unspecified damages andtreble damages, injunctive and declaratory relief, interest, costsand attorneys fees. The Company is vigorously defending theselawsuits. The Company cannot reasonably estimate the range ofloss, if any, that may result from these matters due to theprocedural status of the cases, motions to dismiss that arepending in several of the cases, the absence of classcertification in any of the cases, the lack of a formal demand onthe Company by the plaintiffs, and the involvement of otherinsurance companies as defendants.

VIVUS INC: Bid to Dismiss Securities Suit Now Under Submission--------------------------------------------------------------IVUS, Inc. disclosed in its August 7, 2012, Form 10-Q filing withthe U.S. Securities and Exchange Commission for the quarter endedJune 30, 2012, that its motion to dismiss a securities classaction lawsuit is now under submission.

The Company and two of its officers are defendants in a putativeclass action lawsuit captioned Kovtun v. Vivus, Inc., et al., CaseNo. CV10-4957 PJH, pending in the U.S. District Court, NorthernDistrict of California. The action, filed in November 2010,alleges violations of Section 10(b) and 20(a) of the federalSecurities Exchange Act of 1934 based on allegedly false ormisleading statements made by the defendants in connection withthe Company's clinical trials and NDA for Qsymia as a treatmentfor obesity. In the Amended Class Action Complaint filed on April4, 2011, the plaintiff alleged generally that the defendantsmisled investors regarding the prospects for Qsymia's NDAapproval, and the drug's efficacy and safety. On June 3, 2011,the defendants filed a motion to dismiss, which was heard by theHonorable Phyllis J. Hamilton on October 12, 2011. At thehearing, Judge Hamilton ruled from the bench and granted thedefendants' motion to dismiss, with leave to amend. JudgeHamilton also issued an order on October 13, 2011, which confirmedher ruling at the hearing. On November 9, 2011, plaintiff filedhis Second Amended Class Action Complaint, again generallyalleging that the defendants misled investors regarding theprospects for Qsymia's NDA approval, and Qsymia's efficacy andsafety. On December 30, 2011, defendants filed a motion todismiss the Second Amended Complaint. Briefing concluded in lateMarch 2012, and the motion was argued to the Court on April 18,2012. The motion is now under submission.

The Company says it cannot predict the outcome of the motion orwhen the Court may issue a ruling. Pending the outcome ofdefendants' motion to dismiss, discovery continues to be stayed.

VIVUS, Inc. -- http://www.vivus.com/-- a biopharmaceutical company, is developing therapies to address obesity, sleep apnea,diabetes, and male sexual health. Its lead investigationalproduct, Qnexa, has completed Phase 3 clinical trials for thetreatment of obesity. Qnexa is also in Phase 2 clinicaldevelopment for the treatment of type 2 diabetes and obstructivesleep apnea. The Company was founded in 1991 and is headquarteredin Mountain View, California.

Asbestos Litigation

ASBESTOS UPDATE: Safety Measures Extend Cleanup at Twin Bridges---------------------------------------------------------------Bryan Fitzgerald for the Times Union reports that asbestos workbeing done as part of the multimillion-dollar overhaul of the TwinBridges took longer than expected Thursday morning (Sept. 6),snarling the rush-hour commute between Clifton Park and Colonie.

Crews working to remove asbestos from deep within the pavement onthe northbound side of the bridge that carries traffic over theMohawk River were scheduled to end work by 6 a.m., said CarolBreen, a spokeswoman for the state Department of Transportation.The work, which closed two of three northbound lanes, took threehours longer than expected and began to clog traffic at about7 a.m. The job was slowed because workers had to take extrasafety precautions due to the asbestos, Breen said.

The name of the span is the Thaddeus Kosciusko Bridge in honor ofthe Revolutionary War hero, but it is commonly known as the TwinBridges.

The early hours of the traffic jam also caught asphalt trucks ontheir way to the site to put down temporary paving. That furtherslowed the work, Breen said.

Lanes were reopened by 9 a.m.

Workers were scheduled to be back on site until 6 a.m. Friday,Sept. 7 for more work, Breen said, though the DOT expected theconstruction to be completed before the morning rush hour. Duringthose hours, the northbound bridge was set to be reduced to onelane. All southbound lanes were to be opened, Breen said.

Workers are removing the concrete decks on the bridge thatvehicles have been traveling over since 1959 and replacing themwith temporary decks. Breen said the asbestos is deep down inlayers of concrete that have not been touched since the bridge wasbuilt. She said use of asbestos on bridges was common at the timeof the construction, but the hazardous minerals pose no threat tothe public.

The week's construction comes just before the bridges were set tohave their decks completely redone, a $29 million project thatwill stretch across six weekends.

Beginning Sept. 7, the northbound bridge will be closed nearlyevery weekend until late October. Construction will be suspendedover the Columbus Day weekend.

The DOT says the biggest delays will occur from 9 a.m. to 7 p.m.Saturdays and Sundays. The delays will likely carry over ontoRoute 9, an alternate route around the bridges.

To follow the construction and check for updates, log ontohttps://www.dot.ny.gov/twinbridges

The lawsuit was filed in the case of 59-year-old pipe fitterCharles Gillenwater, who was exposed to asbestos and contracted arare type of cancer called mesothelioma.

A jury found four companies responsible in Gillenwater's case.But a McLean County judge vacated the judgments against three ofthose companies. The judge let stand a judgment against JohnCrane Inc. for $8.4 million.

Lawyers for the victim's widow tell The (Bloomington) Pantagraph (http://bit.ly/UulYYk)that they're disappointed the judge decided evidence was insufficient to show a conspiracy among the companiesto keep information about the harmful potential of asbestos fromthe public.

The lawyers say they plan to appeal.

ASBESTOS UPDATE: 876 Schools In Northern Ireland Are Contaminated-----------------------------------------------------------------BBC News Northern Ireland reports that almost 900 school buildingsin Northern Ireland contain asbestos, it has been revealed.

Some 84% of schools in the Northern Education Board area containthe substance -- the highest percentage of the boards.

White, blue and brown asbestos are all potentially dangerous andhave been banned in the UK.

NI's Department of Health said asbestos that was not disturbed ordamaged was not a significant health risk.

Asbestos was extensively used in building in the 1970s because ofits strength and heat resistance.

However, if asbestos is damaged, the fine fibers become airborneand can be inhaled causing serious diseases including lung cancerand asbestosis.

Details of the extent of the asbestos presence in schools werecontained in papers released by the five education boardsfollowing a Freedom of Information request by the BelfastTelegraph.

Crocidolite, the most dangerous form of asbestos, is present in 21schools, including 10 in the Southern Board area.

In a statement to the newspaper, the Department of Education saidasbestos which was not disturbed or damaged was not a significantrisk to health as long as it was properly managed.

The department said, that in line with government policy, it wasbetter for it to be managed for the remaining life of the schoolrather than be disturbed.

The Health and Safety Executive website states: "Asbestos is thesingle greatest cause of work-related deaths in the UK."

It added: "Working on or near damaged asbestos-containingmaterials or breathing in high levels of asbestos fibers, whichmay be many hundreds of times that of environmental levels canincrease your chances of getting an asbestos-related disease."

Asbestos could be present in any building that was built orrefurbished before 2000.

ASBESTOS UPDATE: Impact of Marois Victory on Asbestos Industry--------------------------------------------------------------The Ottawa Citizen relates there isn't much reason to celebratethe victory of Pauline Marois, but there is one very thin silverlining: She has promised that under her leadership, the Quebecgovernment will stop propping up the province's asbestos industry.

It's one thing to allow the continued export of asbestos fromCanada to countries such as India. It's another for governmentsto actively work to keep that industry alive, as the federalgovernment has done with its rogue international stance on thequestion of whether it should be listed as a dangerous substance.The Quebec government, under now-defeated premier Jean Charest,actually helped to revive the industry by providing a $58-milliongovernment loan to reopen the Jeffrey Mine.

All for the sake of a few hundred jobs.

The Marois government might find it difficult to extricate itselffrom its predecessor's commitment to the mine. But its publicstand against the subsidy is laudable.

Whenever governments decide to support particular businesses indefiance of the market, they distort that market and dampen thecompetitive forces that spur on productivity and innovation.Governments should, in all but a few extraordinary cases andcircumstances, resist the temptation to use public money to propup any industry -- never mind a moribund one that's an ethicalminefield and a national embarrassment. The Canadian governmentmay well be right in its insistence that chrysotile asbestos canbe safe if properly handed. But it's possible -- indeed, likely-- that workers in countries that import asbestos won't alwayshandle it safely. And even if it were possible to controlconditions in other countries so we could make sure our exportswere ethically sound, the decline of the industry in Canadasuggests there isn't much reason to bother.

If the asbestos industry can't survive without government help,then it shouldn't survive at all.

The decision to oppose the mine loan might have cost the PQ atleast one seat: Richmond, which contains the town of Asbestos.The PQ candidate there lost on Sept. 4 by a mere 269 votes. TheLiberal who won is the daughter of the MNA who made theannouncement about the loan to the mine, back in the spring,before he retired. It's possible that the PQ could have won theseat had it pandered to the asbestos lobby. But it's alsopossible that there are many Quebecers, in the Richmond riding andelsewhere, who were sick of the pandering, and annoyed to seetheir government spend their money on a dying industry.

ASBESTOS UPDATE: Election Gives "Anti-Asbestos" Reverend Hope-------------------------------------------------------------John Curry of EMC News reports that for five months now, everyWednesday, Rev. Michel Dubord of Richmond and a small group ofsupporters have been holding one-hour Wednesday afternoon vigilsat prominent locations in Richmond, Stittsville and Kanata,protesting the export of cancer-causing asbestos from Canada todeveloping countries.

And while Rev. Dubord, with his four by eight foot sign "EndExport of Canadian Cancer - Asbestos," has attracted the attentionof passing motorists, sometimes receiving honks or waves ofsupport, it has been a campaign that has not only tested hisendurance, ranging from the cold of an April afternoon when he andhis supporters bundled up wearing toques to the heat of a Julyvigil, but also has challenged his pride of country, given thatthe export of cancer-causing asbestos seems so contrary to thekind of principled actions that Canada usually takes on theinternational stage.

So, you can see how statements in the Quebec provincial electiongave Rev. Dubord a douse of hope and faith that the export ofasbestos may cease, along with the mining of asbestos in Canada.

Just before Canada Day, the Quebec Liberal government announced a$58 million loan to cover much of the cost of renovating and re-opening the Jeffrey Mine in Asbestos, Quebec, allowing asbestosproduction to continue for another couple of decades.

But in the Quebec provincial election, first the new CoalitionAvenir Quebec (CAQ) party and then the Parti Quebecois (PQ) bothcame out against the mining of asbestos and its export. The CAQstated that the export of such cancer causing material goesagainst the values of Quebec society and vowed to stop its exportand use the $58 million loan funds to help promote otherindustrial activity.

And then PQ party leader Pauline Marois got aboard the anti-asbestos bandwagon.

"Marois vows to shut down Quebec's asbestos industry," blared theheadline in the Thursday, Aug. 30 Ottawa Citizen, as she pledged,if elected, to cancel the $58 million loan to the asbestosindustry and to take Quebec out of the asbestos mining andexporting business while consulting with workers in Asbestos abouthow to diversify that regional economy to replace the asbestosindustry.

Rev. Dubord wishes that the Anglican Church would have made apublic statement protesting the export of asbestos from Canada butno such statement has yet been forthcoming. Indeed, Rev. Dubord'sinvolvement in the issue began at the Anglican Church Synod in2011 when an overwhelming majority voted in favor of his motion to"advocate the end of Canadian exports of asbestos by directingDiocesan Council to have letters written to this effect to theGovernment of Canada and the Government of Quebec and to consultwith the Episcopal Government Relations Panel and the dioceses ofMontreal and Quebec to explore other possible avenues ofadvocacy." However, despite this motion, nothing formal in theway of protest of the export policy has yet come forward fromAnglican Church officials.

But, nonetheless, Rev. Dubord will be out continuing his protest,holding his weekly Wednesday vigil at Memorial Park in Richmondthroughout the month of September. He will be there from 4:30p.m. to 5:30 p.m. every Wednesday in the month with everyonewelcome to join him if they wish.

He is just coming off holding the vigils in Stittsville where theprotest was noticed by numerous motorists, hopefully raisingawareness of the issue in their minds.

There are documented links between asbestos and cancer. This hasprompted numerous countries, including Canada itself, to stopusing asbestos.

In the early 1900's, Canadian asbestos accounted for 85% of theworld's production. After peaking in 1973, production has slowlydeclined as exposure to asbestos was linked to serious healthproblems such as lung disease and cancer.

By 2010, Canada was producing only 5% of the world's asbestos,some 100,000 tons.

For Rev. Dubord, who has undertaken this protest action on his ownaccord and not in his role as rector at St. John the BaptistAnglican Church in Richmond, he sees the matter quite simply.Asbestos is not used in Canada because of its documented healthissues, namely that is causes cancer. And yet Canada permits theexport of this material to developing countries where it willadversely impact the health of all those who work with it.

Asbestos has been removed at a large cost from the ParliamentBuildings due to health concerns and yet the current federalgovernment still allows its export to development countries foruse there.

Rev. Dubord does not blame the people of the Asbestos area inQuebec for working in the asbestos industry. After all, it meansjobs and a livelihood for them. But he believes that thegovernments could come up with some alternative employmentstrategies for that area to offset the shutdown of the asbestosindustry. This appears to be what both the CAQ and the PQ partiesadvocated in the election campaign.

The World Health organization estimates that asbestos-relateddiseases including certain forms of lung cancer kill more than105,000 people around the world each year. These deaths are theresult of asbestos-related lung cancer, mesothelioma andasbestosis, all caused by inhaling asbestos fibers. In Canada,asbestos use is not banned but because of its known health risks,Canadians simply do not use it. But despite these known healthhazards, Canada exports thousands of tones of asbestos each yearto countries like India, Thailand and Indonesia. Most of thisCanadian asbestos is shopped overseas as loose fiber in bags.Workers in these receiving countries then dump these bags ofasbestos by hand, creating clouds of carcinogenic dust swirlingaround them.

Rev. Dubord notes that exposure to asbestos in the countries towhich Canada is exporting the substance will cause healthproblems, perhaps not today but certainly down the road as theasbestos fibres penetrate the lungs of its handlers and startcausing respiratory and cancer problems and eventually a prolongeddeath.

Chrysotile asbestos is mined in Quebec and exported to developingcountries with the support of the current Canadian federalgovernment. Asbestos ends up killing since it sheds tiny dustfibers continuously. Once inhaled, these fibers become tangledwith lung tissues where they cause cancer, typically lung cancer,asbestosis and mesothelioma. For more information about theexport of asbestos from Canada, go to the Websitewww.canadianasbestosexports.ca

ASBESTOS UPDATE: Europlasma Group Gets EUR2 Million Investment--------------------------------------------------------------Europlasma Group announces that its subsidiary Inertam investedEUR2 million in its asbestos waste vitrification plant.

To improve productivity and to answer to the growing demand, whilecontinuing to reduce its environmental footprint, Inertam chose toinvest in the load preparation area of its hazardous wastedestruction process. This investment is financed by a Green Loangranted by OSEO under the "Investment in the Future" programlaunched by the French Government.

The load preparation area of a new generation will allow to sortthe waste more precisely according to its nature (friableasbestos, bound asbestos, cement asbestos) and therefore to securea better melting bath with a lower temperature than previously.

This process modernization will reduce the consumption of energyand other consumables by up to 30% and will reduce the downtimeperiods to increase the production. Today Inertam treats around5,500 tons/year whereas the company is authorized to process10,000 tons/year of hazardous waste.

Due to the work on the load preparation area, the plant was shutdown for a period of 10 weeks this summer and consequently theimmediate gains in productivity will first be observed in the fullyear accounts from 2013 onwards.

By authorizing this investment, the Board of Directors confirmedits confidence in the sector of the hazardous waste destruction byvitrification. That enables the Europlasma Group to performrelated businesses (like the KNPP contract in Bulgaria forradioactive waste destruction) and to answer to severalinternational tenders (asbestos, solids soiling the PCB,radioactive waste) mainly in Japan.

About Europlasma

Europlasma is a French Group operating in the clean technologiesand renewable energy production industries. Founded in 1992 toapply its proprietary plasma torch technology to hazardous wastedestruction, it is now built on the following four business units:

-- Europlasma is a world-wide supplier of plasma heatingsystems and related applications.

-- Inertam is the global specialist in the destruction andrecycling of asbestos and hazardous waste.

-- Europe Environnement is the European expert in industrialventilation and gas cleaning systems.

-- CHO Power is a producer of electricity from waste andbiomass gasification.

ASBESTOS UPDATE: Ex-Buttonholer's Widower Settles With Insurers---------------------------------------------------------------The Sentinel at thisisstaffordshire.co.uk reports that the familyof a former mill worker who died from an aggressive asbestos-related cancer have succeeded in their legal battle forcompensation -- thanks to help from Sentinel readers.

Margaret Windsor, aged 73, from Clayton was given theheartbreaking news that she was suffering from mesothelioma inFebruary 2009 and lost her fight for life less than three monthslater.

Her husband Roy has now reached an out-of-court settlement withthe insurers of Enderley Mills, Newcastle.

He was able to prove his case after Sentinel readers got in touchto back claims about the working conditions at the now-closedtextile factory where Margaret worked as a buttonholer between1951 and 1979.

Widower Mr. Windsor, who met his wife while working at the mill,said: "I cannot thank Margaret's former workmates enough. I'vebeen overwhelmed by their willingness to come forward and help.

"Enderley Mills was a really dusty place to work in and you couldeven see asbestos fibers in the air.

"Margaret and I had been married for over 50 years and to lose herso suddenly had a devastating effect on our whole family.

"She just became ill so quickly, but even in that short time shesuffered a great deal.

"She shouldn't have had to suffer like this just because she wasunlucky enough to work in a deadly environment."

But in 2002, Henry Hassall accepted a GBP95,000 settlement fromfactory owners Compton, Sons and Webb, following the death of wifeIris from mesothelioma, in 1997.

Mrs. Hassall, formerly of Clayton, worked as a machinist atEnderley Mills from 1951 to 1957.

Iain Shoolbred, an asbestos expert from Irwin Mitchell, whorepresented Mr. Windsor, said: "We knew that Margaret was inconstant contact with asbestos because the deadly dust was presentin the pipes, the roof and the presses that were used on theclothes.

"However, as Margaret died less than three months after beingdiagnosed with mesothelioma, she was unable to provide us withinformation which we needed to take her family's case forward.

"We knew the key to solving the case lay with former EnderleyMills workers who held crucial information about working practicesthere and, thanks to an appeal in The Sentinel back in 2010, wereceived a large number of offers of assistance from formerworkers who were all able to recall working practices at the firm,which has since ceased trading.

"It just goes to show the power of the local press and the closeties former Enderley employees still share."

Symptoms of mesothelioma can take more than 20 years to emergeafter the initial exposure.

ASBESTOS UPDATE: Contaminated Sheds Revealed at BTAC Meeting------------------------------------------------------------The Boston Standard reports that several allotment sites runthroughout the town centre area are home to asbestos-filled sheds,a meeting of the Boston Town Area Committee (BTAC) learnedSept. 5.

A number of old sheds on plots including those on Willoughby Roadand Spilsby Road are known to contain the potentially hazardousmaterial -- though the committee was told it was all known to bein a safe and stable condition at the current time.

However, plot holders are warned not to move their sheds, drillholes in them or alter them in any way in order to avoid thepossibility of disturbing the asbestos.

Recent research conducted by Dr. Stephen Lam and his team at theBC Cancer Agency found CT scans were more effective than chestX-rays in the early detection of lung cancer, reducing mortalityby 20% in heavy smokers between the ages of 55 and 74.

Very little research has been done on lung cancer screening forasbestos-exposed workers, Lam said in an interview Friday,Sept. 7.

WorkSafeBC became aware of the results of Lam's work with heavysmokers last year and approached the agency about the possibilityof using the scans as a way to screen high-risk claimants, saidKevin Molnar, director of long-term disability at WorkSafeBC.

Those claimants already receive a medical exam, including a chestX-ray, every two years, said Lloyd Hikida, senior manager ofoccupational disease services at WorkSafeBC.

"For us, (the CT is) just a new medical tool that we would ofcourse jump on and we're very excited to have as something we canuse for early detection."

About half of the 142 workplace fatalities in B.C. last year weredue to occupational disease and the majority of those were theresult of asbestos-related illness, said WorkSafeBC spokeswomanMegan Johnston.

To be eligible to receive the diagnostic CT scans, a worker mustfirst file a WorkSafeBC claim. If the worker is found to havebeen exposed to asbestos on the job in B.C. and suffers from thescarring of the lungs known as asbestosis, WorkSafeBC wouldpresume they contracted the disease as a result of theiremployment, Hikida said.

Once the claim is approved, the worker would be eligible toreceive an initial diagnostic CT scan and a subsequent one in twoyears if the initial scan did not detect cancer, said CraigMartin, senior medical adviser at WorkSafeBC.

Workers with asbestosis who are smokers are 59 times more likelyto get lung cancer than a non-smoker who hasn't been exposed,Martin said. WorkSafeBC has already identified 200 claimants whomeet the criteria, the majority of whom are smokers, he said.

Hikida said he hopes more eligible workers will make claims in thecoming months.

B.C. workers exposed to asbestos who have not been diagnosed witha related disease will not be eligible for the CT scans, Martinsaid.

"If you're thinking of screening the tens, if not hundreds ofthousands of people who have been exposed to asbestos at somepoint in their life, you're going to run into an awful lot ofproblems. That's why you define it to the various high-riskgroups."

CT scans are not generally used as a lung cancer diagnosis tool inthe public health care system because the research concerningtheir efficacy is very new, the cancer agency's Lam said.

WorkSafeBC is in the final stages of negotiating the contract todo the scans with the BC Cancer Agency, and expect to roll out theprogram sometime this fall.

The cost of the CT scans will be a maximum of $100,000, but thatfigure depends on how many eligible claimants choose to have thescans, Martin said.

Herb Daum, who worked at the asbestos mine in the now-abandonednorthern B.C. town of Cassiar between 1977 and 1983, said it wouldbe good for exposed workers to be offered diagnostic CT scans, buthe would likely choose not to get one, even if he were eligible.

"What would I possibly gain other than 'Well, I'm going to die ofthis stupid, damn disease,' " he said. "A CT scan may beproviding me some early detection . . . (it) may extend thequantity of your life, but I want quality over quantity."

ASBESTOS UPDATE: Scout Leader "Likely" Exposed to Fibro at Work---------------------------------------------------------------According to a news report by The Citizen posted atthisisgloucestershire.co.uk, asbestos exposure at work was "morelikely than not" to have caused Stroud Scout leader RichardBuxton's fatal illness, a coroner has ruled.

Married father of two Mr. Buxton, 56, died earlier this year frommalignant mesothelioma, his inquest before Gloucestershire deputycoroner David Dooley was told.

A fit, healthy and active man until October 2010, when he began tosuffer shoulder pains, Mr. Buxton died on Feb. 19 after only ashort stay in Cheltenham Hospital.

A volunteer Scout leader in Gloucestershire for 25 years, Mr.Buxton, from Bussage, had served in the Merchant Navy from 1974 to1982, Mr. Dooley learned.

From a statement made in support of a civil claim by Mr. Buxtonbefore his death, it was clear he'd served aboard a number ofships in the clean environment of the radio room.

But Mr. Dooley learned Mr. Buxton would, out of interest, spendtime in various engine rooms to see how things worked.

Those engine rooms were, however, full of asbestos cladding andlagging on pipes and the engineers, whom he befriended, often woredust covered overalls.

No one, Mr. Buxton stated, wore protective masks.

Later he was also employed at Kemble where the aircraft hangarshad roofs made with corrugated asbestos sheets.

Pathologist Prof Neil Shepherd's report to the inquest said he'dfound pleural plaques, a marker for asbestos exposure, in Mr.Buxton's lungs.

Mr. Dooley said it was a "sad case of a relatively young mansuccumbing to malignant mesothelioma".

"He was able in life to give us a clear employment history ofworking, some 30 to 35 years before his death, in ships' enginerooms that were asbestos hot spots," Mr. Dooley said.

He said it was more likely than not that Mr. Buxton's disease wasattributable to significant occupational exposure rather thanenvironmental exposure.

Mr. Dooley recorded the verdict that Mr. Buxton died from theindustrial disease malignant mesothelioma.

A youth leader in later life, Mr. Buxton also worked most recentlyat Stroud's Thomas Keble School.

ASBESTOS UPDATE: Workers at Old Cassiar Mine Put on Cancer Alert----------------------------------------------------------------CBC News reports that former workers at the now defunct Cassiarasbestos mine just south of the Yukon/B.C. border are being urgedto watch for signs of cancer.

The mine operated for about 40 years and an estimated 50,000people worked there, including many Yukoners. It closed in the1990s.

Mineworkers at Cassiar handled raw asbestos without any protectivegear. Asbestos fibers can lodge in the lungs and causerespiratory ailments and cancer decades later.

Lee Loftus with the asbestos workers union in B.C. said formerCassiar workers are in a high risk group.

"You could see the asbestos fibers in the trees in the generalneighborhood, so there was no protection," he said. "They weren'tprovided with any education on the hazards of asbestos exposure,or how to contain asbestos or how to protect themselves againstthe exposures that they were receiving."

Loftus said traditional X-rays aren't effective in detectingasbestos-related cancer. He said all former Cassiar workersshould tell their doctors about their exposure, and get a CT scanimmediately if respiratory problems crop up.

Loftus also advises all former workers to start a claim with theB.C. Workers Compensation Board.

ASBESTOS UPDATE: PQ Victory May End Hope to Reopen Jeffrey Mine---------------------------------------------------------------Ramsey Hart at Rabble.ca reports that the outgoing Charestgovernment in Quebec received a lot of flack over the summer foroffering a $58-million loan to an industry that was on its lastbreath -- the mining and export of asbestos. (Recriminations camefrom international labor and health groups, editorials in mostmajor Canadian papers, and even the Fraser Institute.) But nowthat the PQ will be taking over the reins in the National Assemblythere may be no resuscitation for the Jeffrey Mine.

In a historic shift, three of the four parties that electedmembers to the National Assembly -- including the victorious PQ --pledged to end the province's long-standing and myopic support ofthe toxic industry. The Liberals were the holdouts. Prior to theelection the CBC quoted Premier-to-be Pauline Marois as sayingthat asbestos is "an industry from another era" and relinquishingit is "the path forward that now seems to be clearing." The storynotes that the PQ, CAQ, and Quebec Solidaire received kudos fromthe Canadian Cancer Society for their positions.

It might come as a surprise to many that the right "path" onasbestos is only just opening for the PQ or that the Liberalswould consider re-opening asbestos mines, let alone providing agenerous loan. But staunch support in Quebec for the asbestosmines in the Eastern Townships has been an obstacle for health andsocial justice activists trying to curtail the export of theharmful mineral to India, Thailand, and other countries in theGlobal South. The support has stemmed in part from a historiclegacy and part from political opportunism.

The modern Quebec labour movement was born from strikes at theasbestos mines so until recently many progressive individuals andorganizations have found it difficult to speak out on the matter.But at last the contradictions seem to have overcome the tendencyto support or stay silent about the industry. The fact that theminers at the other closed asbestos mine in Thetford had to makeconsiderable concessions on pay and benefits (putting them farbelow industry standards) may have helped tip the balance.

On the political front, the mines are located is a swing riding,so governments and hopeful political parties have pandered to thelocal desire to maintain jobs in the mines. During the electionthe Liberals kept the riding by just a few hundred votes. It isnow represented by the daughter of the former Member of theNational Assembly, who announced the controversial loan to theJeffrey Mine shortly before retiring in July.

Long before scientists declared the "Death of Evidence" in federalpolicy and budget making, federal governments (Conservatives andbefore them Liberals) ignored the overwhelming science on thehazards of asbestos, providing direct support to the industry'slobbying organization, the Chrysotile Institute (originally theAsbestos Institute), and downplaying the hazards in internationalarenas. In 2011 the Conservative government led a successfuleffort to keep chrysotile asbestos from being listed on theRotterdam convention -- which would have required the mineral tobe labeled as hazardous when exported.

The shift in the political support for asbestos mining in Quebecmay be part natural evolution and the inevitable ripening ofuncomfortable contradictions -- but much credit must also be givento those who have organized and campaigned on the issue. Theyhave been successful at keeping the issue in the media,highlighting international reactions in Quebec, and holding thecredible science of organizations like the WHO over the bunkscience of industry funded researchers and lobbyists.Congratulations to the other Ban Asbestos Canada coalitionmembers, Right On Canada and especially to Kathleen Ruff --organizer, researcher, and author of numerous op-ed pieces as wellas of the influential report Exporting Harm: How Canada MarketsAsbestos to the Developing World.

Of course the work of activists is never truly done. While we mayhave made important milestones in curtailing the export ofasbestos there is still much work needed to deal with the legacyof past asbestos mining and its widespread use. The case offormer asbestos miners in BC recently covered by CBC's theNational is a case in point.

ASBESTOS UPDATE: Libby Asbestos Disaster Now An Elective Course---------------------------------------------------------------Katy Harris of KAJ News reports that the asbestos disaster hasbeen a big part of Libby culture, and now a credit course aboutthe event is being offered at Flathead Valley Community College inLibby.

The Libby Legacy Project is being offered as a one credit electivecourse at the Libby campus.

A broad-based community committee made up of healthcareprofessionals, environmental agencies, and the Libby schooldistrict came up with the idea for the course.

The committee then contacted the FVCC Libby campus to offer thecourse to students. The idea is for the Libby community to get atruthful and informational course about the role asbestos playedovertime in the area.

"I think it's beneficial for people to get the big picture of thisentire project because this is a legacy of Libby. This is alwaysgoing to be a part of our history. We should understand it. Weshould know about how this community was before the mine, duringthe mine, and after the mine," FVCC Libby campus Extended LearningDirector Pat Pezzelle explained.

The Libby Legacy Project course will start on September 12th atthe Libby campus. Call (406) 293.2721 for more information.

ASBESTOS UPDATE: Rajasthan Ex-Asbestos Miners Reclaim Mining Pits-----------------------------------------------------------------Daily Bhaskar.com reports that an unusual demand is emerging fromthe remote hamlets of southern Rajasthan. Its residents, mostlyex-asbestos mine workers, are all set to redefine the apparentfutility of "pit-filling" works in the National Rural EmploymentGuarantee Act (NREGA).

Only, the pits are much larger than one would imagine. Actually,they are yawning moon-like craters in the surface of the earth,stretching across vast tracts of land -- all erstwhile asbestosmines left open, abandoned and fraught with the dangers of humanand livestock loss by a careless step, a slip.

Asbestos mining was banned by the centre since 1986, but inUdaipur district, the last of the leases came to a completeclosure only in 2005. The scars of mining, however, have stayed.It is in an attempt to erase this that villagers of Jhadol andGogunda block, who were earlier working in these mines, have hitupon a fresh way to tackle their twin tribulations of a disfiguredecology and unemployment.

On Oct. 2, when gram sabhas will take place across the state,residents of 10 panchayats in these two blocks have decided topresent their demand for works under NREGA -- "reclaim these minesand turn them into plantations."

"Although the mines were closed through a Supreme Court order in1986, the mining department until recently had no provision forreclaiming mines in the leases and licenses that it issued. NREGApresents that opportunity and the villagers are mobilizingthemselves to formally ask for this in the gram sabhas," said RanaSengupta, managing trustee, Mine Labour Protection Campaign said.

ASBESTOS UPDATE: Unabated NSW Health Building Irks Greens MP------------------------------------------------------------Natalie O'Brien of The Sydney Morning Herald reports thatconfusion and a lack of accountability have been blamed for thefailure to clean up dangerous asbestos fibers in a building thatremains open to the public in the grounds of Rozelle's formermental hospital.

The building, owned by NSW Health and under the management of theSydney Harbour Foreshore Authority, has had fibers spilling fromceiling pipes for months but has not been cleaned up.

The future of the whole site, known as Callan Park, has alsobecome an issue at the Leichhardt council elections, with thelong-time Friends of Callan Park campaigner and former councilorHall Greenland joining the Greens team running for council.

The Greens MP Jamie Parker said on Sept. 8 that he was concernedthat the allegations were not being properly dealt with. "Actionmust be taken immediately to ensure the safety of workers and thecommunity," he said. Mr. Parker has put questions on notice tothe Environment Minister, Robyn Parker.

The foreshore authority said it had carried out a hazardousmaterials survey of the site's buildings last year, which led tobuildings being boarded up and warning signs being erected.

ASBESTOS UPDATE: Repair Work Stirs Up Fibro at Pelsall School-------------------------------------------------------------Expressandstar.com reports that a primary school has been forcedto delay the start of the new school year after asbestos wasdiscovered during maintenance work.

Tradesmen working at Ryders Hayes School, in Pelsall, disturbedthe potentially-harmful asbestos during the school holidays.

Parts of the Gilpin Crescent school have been quarantinedfollowing surveys by asbestos specialists, who were called inimmediately.

A phased decontamination process has begun.

Head teacher Joanne Speller on Sept 8 said: "It is a great reliefthat children and staff were not in the building at the time theasbestos was disturbed.

"I am also impressed by the swift action of our site manager, whoimmediately sought the support of the property services team atWalsall Council when he became aware of the problem.

"Working together, the school and council quickly ensured thecontamination was contained and called in specialist services todeal with the issue."

An action plan has been drawn up and pupils are expected to startnext week. The nursery will reopen on September 24.

ASBESTOS UPDATE: Molder's Widow Pleas to Husband's Former Peers---------------------------------------------------------------Keighley News reports that the devoted wife of a man who died froman asbestos-related cancer is appealing for his former workcolleagues to help lawyers investigate why he was allowed to comeinto contact with the deadly dust.

Barbara Worden lost her husband Robert, known as Bob, on Nov. 10,2009, aged 77 after a two-year battle with the debilitatingdisease asbestosis, which is caused by exposure to asbestos.

Mrs. Worden, of Oakworth, believes her husband came into contactwith the toxic substance while working as a skilled molder atGeorge Hattersley and Sons, Sealand Engineering, Jonas Wells Ltd,Prince Smith and Stells and Marston (IMI) Radiators.

She has now instructed industrial disease lawyers at IrwinMitchell's in her battle for justice and to find more informationabout the working conditions at the Keighley companies, where heworked between 1961 and the late 1980s.

Mrs. Worden, 69, said: "Anyone who has lost a loved one to thisdisease will know that it is an excruciatingly painful one, forwhich there is no cure. Bob had terrible problems breathing andhe'd get stressed out and frustrated about not being able to dothe things he loved like walking and gardening.

"I still really miss Bob and always will, but I'm confident thatwe can get the justice he deserves with the help of local peoplewho worked at the same companies he did."

Mrs. Worden said he first showed symptoms of asbestosis inDecember 2007 when he started struggling to walk up the hills neartheir home, despite being a keen walker.

In June 2008 he suffered two blackouts. Doctors diagnosed anirregular heartbeat and he had a pacemaker fitted. However, Mr.Worden continued to feel breathless and a month after his heartoperation he was taken back to Airedale Hospital for more tests.

Doctors confirmed he was suffering from asbestosis.

His condition deteriorated quickly in the three months thatfollowed and he was taken to Manorlands hospice in Oxenhope. Hepassed away after just one night there.

Ian Bailey, a specialist asbestos lawyer at Irwin Mitchell's Leedsoffice, said: "Barbara is still coming to terms with losing Bob tothis horrific asbestos-related disease. In 2010, about 1,000people died or were diagnosed with asbestosis, according to theHealth and Safety Executive.

"It's a devastating terminal illness and can be very distressingfor the victims and their families.

"To help Barbara get to the bottom of why her husband was exposedto harmful asbestos, we urgently need to speak to anyone whoworked at the same companies as Bob during his 30-year career tofind out more about the protection he was offered."

ASBESTOS UPDATE: Texas Lawyer Offers Services to Everyday Workers-----------------------------------------------------------------LawFuel.com relates that the unfolding tragedy of asbestoscontinues in America every day and as Texas lawyer Ben DuBoseknows it is also prevalent for residents in North Texas whocontinue to develop mesothelioma and lung cancer because asbestoswas widely used in this area for decades.

From the 1940s through the 1970s, asbestos was used in theconstruction of skyscrapers, commercial buildings, homes, andschools throughout the Dallas-Ft. Worth Metroplex. Asbestos wasalso used in North Texas power plants and on drilling rigs in theoilfields of Texas.

Dallas mesothelioma lawyer, Ben DuBose, has over 15 yearsexperience successfully fighting for mesothelioma victims andtheir families in Dallas, the state of Texas, and across theUnited States. Ben has devoted his legal career to fighting forhardworking Americans whose lives have been devastated by thecareless actions of asbestos companies.

Many clients choose Ben DuBose as their attorney because they wanta lawyer that provides a caring, personal approach to their case.DuBose Law Firm clients enjoy a one-on-one relationship with Beninstead of feeling lost in the shuffle of a large law firm withthousands of legal files.

Ben DuBose is honored to represent the hard working men and womenwho helped make this country great. "Our legal system is one ofthe few places where the little guy can be on equal footing withpowerful corporations," he says. "As a lawyer, I'm proud to fightfor everyday Americans and to deter corporate misconduct."

Ben DuBose was born and raised in Dallas and has over 15 yearsexperience representing mesothelioma and lung cancer victimsacross Dallas-Ft. Worth, the state of Texas, and throughout theUnited States.

A spokesman for the International Tax and Investment Centre, alobby group, said: "Duty goes unpaid on almost one in threecigarettes smoked in Birmingham.

"But that does not include hand-rolled tobacco, of which HMRCestimates as much as half is sourced on the black market."

MS Intelligence carried out the research on behalf of a number ofcigarette companies who are concerned that plans to introduceplain packaging will help black market tobacco barons flood themarket with fakes.

Analysts collected 13,000 packets in Birmingham between April 3and May 11.

Most of the bogus brands uncovered originated from the Far East,predominantly from China, and some packets were so sophisticatedthat they were almost identical to the real thing.

It warns of a rise in the number of "illicit whites", which arecigarettes manufactured for the sole purpose of being smuggledinto and sold illegally in another market, avoiding tax.

The report states: "Historically, it (the illicit market) was madeup of genuine brands of tobacco smuggled from lower-priced EUcountries.

"Currently, there are much more counterfeits and, increasingly,illicit 'whites'."

The report continues: "Along with counterfeits, illicit whitesrepresent the most significant threat to legitimate trade andtobacco revenues in the UK from large-scale organisedcriminality."

One of the most popular "whites" found in the Birmingham sweep isJin Ling -- a cigarette which has enjoyed staggering under-the-counter success.

In 2006, they were only found in Poland and neighboring nations,but now they are changing hands in at least 16 EU countries.

Former Scotland Yard detective Will O'Reilly, currently carryingout research for tobacco giant Philip Morris International, saidorganized criminals were increasingly turning from peddling harddrugs to tobacco.

Profit margins are said to be just as high because of the scale ofthe operation, but detection rates are lower and punishment lesssevere.

Recently, heroin and cigarettes have been smuggled together.

"Bring a container of cigarettes into this country and you'retalking a GBP1.5 million profit," said Mr O'Reilly. "Organizedcrime is all over it.

"After a number of years in decline, there has been a sharp risein illicit cigarettes.

"That's partly down to the economy -- people can't afford the realproduct -- and it is easier for counterfeiters to copy thepackets.

"Plans for plain packaging are simply playing into the hands oforganized criminals and counterfeiters because it will be so mucheasier to make copies."

ASBESTOS UPDATE: Conventional Wisdom on Asbestos Reviewed---------------------------------------------------------The National Post Editorial Board relates that if politicalstrategists have any capacity for introspection, they should beasking themselves some serious questions about the PartiQuebecois' late-innings promise to cancel a $58-million governmentloan to the Jeffrey Mine in the Estrie, and to end all exports ofchrysotile asbestos from Quebec.

Objectively, this is a no-brainer. The industry is paltry;exports in 2011 amounted to just $41-million, or 0.07% of Quebec'stotal. Even in the town of Asbestos, it employs an insignificantfraction of the population.

For that meager payoff, Canada gets a black eye on the world stageby joining Kazakhstan, Vietnam and Kyrgyzstan in opposing even theaddition of warning labels to exports: In June, Postmedia newsobtained a briefing memo to Environment Minister Peter Kentindicating that the government had in the past "acknowledged allcriteria for the addition of chrysotile asbestos to the[Rotterdam] Convention [on hazardous substances] have been met,"but it nevertheless continues to oppose its addition.

Some continue to insist that chrysotile can be used safely. Butthe conclusively and disturbingly documented fact is that in thedeveloping nations that buy the bulk of Quebec's asbestos --notably India -- it is not used safely. This isn't akin to theseal hunt, opposition to which is mostly based on a hypocriticalaffinity for cuddly animals; or the oil sands, without whichCanada would instantaneously become a much poorer nation. Theonly reason for politicians to prop up the asbestos industry, oreven allow it to continue, is that the Big Book of ConventionalWisdom says they have to, or else suffer the wrath of Quebecers.

If the asbestos industry was centered in northern Alberta, everyfederal party would long ago have thrown it under the bus. Andyet the federal Tories and (at least until recently) BlocQuebecois remain staunchly in its favor. The Liberals underMichael Ignatieff finally took against it -- presumably thatposition still holds -- but only after Mr. Ignatieff twisted andsquirmed and equivocated, no doubt fearing further humiliations inthe party's former Quebec stronghold.

If anyone had bothered to look, they would have discovered aJanuary 2011 Leger Marketing poll that found 76% of Quebecersopposed to the $58-million loan guarantee (which outgoing premierJean Charest later sweetened to an outright loan), and 65% opposedto the industry in general. Then the New Democrats went out andswept Quebec with a platform that was totally anti-asbestos. Andthen Ms. Marois, who exemplifies the sort of reactionary, "maŒtreschez nous" mentality that strategists seem to fear, promised tokill the industry as an explicit, last-minute election promise.And now she is premier-elect.

The conventional wisdom on asbestos, which hasn't made any sensefor many years, has been shattered. And we are forced to wonderhow many other traditional third-rail issues might now safely betouched. Supply management in the dairy industry -- the furtherenrichment of a few wealthy dairy farmers in a few ridings, at theexpense of every non-vegan Canadian and the nation's free-tradingreputation -- comes immediately to mind.

ASBESTOS UPDATE: Six Pueblo County Schools to Spend for Abatement-----------------------------------------------------------------The Pueblo Chieftain reports the major projects and amountallocated to each school under Pueblo County District 70 $59.5million bond initiative:

ASBESTOS UPDATE: 10-Year Meso Survivor Honored for Advocacy-----------------------------------------------------------The Independent Press reports that Berkeley Heights residentBonnie Anderson has survived mesothelioma for over 10 years.Through her efforts, Sept. 26 has been designated as MesotheliomaAwareness Day in N.J. and the U.S.

With bipartisan support she continues to advocate for patients andresearch funding to fight this disease. Both N.J.-WorkEnvironment Council and the Mesothelioma Applied ResearchFoundation honored Anderson this year for her advocacy.

Mesothelioma is a fatal cancer caused by exposure to asbestos.N.J. is fifth in the nation in mesothelioma deaths due to theasbestos used in homes, schools and manufacturing. Asbestos useis limited but not banned in the U.S., which continues to import33% more asbestos-containing products than the previous years.One-third of mesothelioma victims are servicemen who worked onships or in the Navy shipyards.

For more information or to help anyone dealing with mesothelioma,contact curemeso.org

ASBESTOS UPDATE: Sioux City School Board Approves Abatement Plan----------------------------------------------------------------Nate Robson of the Sioux City Journal reports that the Sioux Cityschool board unanimously approved specifications for an asbestosabatement project needed to prepare for the construction of twonew elementary schools.

Sept. 10's vote came after no one attended a public hearing toaddress the project. The board also passed the specificationswithout discussion.

The project includes removing asbestos from the former HooverMiddle School, located at Hamilton and Country Club boulevards,and the current Washington Elementary School on South MarthaStreet. The Washington project also includes removing asbestosfrom six adjacent homes that will be demolished to make room for anew building.

Operations and Maintenance Director Mel McKern said thespecifications are required by the U.S. Environmental ProtectionAgency, which classifies asbestos as a hazardous material.

Improperly removing asbestos can cause fibers to become airborne,according to the Environmental Protection Agency. Those fiberscan cause health problems if inhaled.

Asbestos was once used as a fire retardant, according to the EPA.

McKern said a consultant estimated the total project at $381,000.The project was scheduled to go out to bid Sept. 11.

The district wants to lump the projects together to save moneysince one contractor will do all the buildings.

Work is projected to start this fall and last through the springof 2013.

ASBESTOS UPDATE: Plan to Form Office of Asbestos Safety Announced-----------------------------------------------------------------PSnews reports that a new government organization to establish andcoordinate a national approach to dealing with asbestos inAustralia has been announced by the Minister for Employment andWorkplace Relations, Bill Shorten.

Mr. Shorten revealed the plan as part of the Government's responseto an Asbestos Management Review.

Mr. Shorten said he was committed to establishing an Office ofAsbestos Safety which would be tasked with developing a nationalstrategic plan by July 1, 2013.

"As an insidious killer asbestos is a national issue requiringurgent attention and greater national preventative coordination --so we are making a concerted effort to address it," Mr. Shortensaid.

"A critical element of the recommendations is the establishment ofa body to oversee how we manage asbestos in Australia and how wecan reduce exposure to asbestos."

He said the Review made 12 recommendations to address asbestosissues, one of which was a national coordinated effort. He said anational strategic plan with the buy-in of all Australiangovernments and political parties would be the foundation uponwhich those efforts could be built and directed.

He said minimizing asbestos exposure was a responsibility of alllevels of government. "We have carefully considered therecommendations contained in the Review," Mr. Shorten said.

"The recommendations highlighted the need for a new nationallycoordinated approach and national strategic plan to improveasbestos awareness and management arrangements in Australia."

He said there had never been a comprehensive national strategy tomanage asbestos and raise awareness about it but the Commonwealthwould consult with State and Territory Governments to develop thefunctions, structure and funding of the new asbestos office andthe content of the strategic plan.

ASBESTOS UPDATE: Southcross Project Contractors Fined $148,000--------------------------------------------------------------Fox San Antonio reports that several local developers have to payup for exposing employees to asbestos.

The labor department slapped several Miami-based and San Antonio-based contractors with fines that add up to $148,000.

The government claims the workers at the Reserves at Pecan Valleyapartment complex on E. Southcross were exposed to asbestos duringa remodeling project.

Though the city government has banned asbestos roofs in newschools, the ban has not been extended to other buildings orproducts, the letter said.

"Nearly all vehicles in Delhi are laden with asbestos-basedcomponents. There is no building in Delhi which is asbestos free.I submit that given the fact that health is a state subject, youcan immediately initiate steps to stop procurement of allasbestos-based products to safeguard public health of residents,"said the letter written last week by Gopal Krishna, convenor ofToxicsWatchAlliance.

Krishna said the government can set an example in preventing harmto environment and health due to asbestos use.

"Delhi has the potential to become the first asbestos free statein South Asia. More than 50 countries have banned production,use, manufacture and trade of the asbestos because of threats tolife and public health," said Krishna.

According to health experts, asbestos-related diseases includelung cancer, mesothelioma and cancers of the ovary and larynx.

Krishna asked the government to start prevention efforts with thehelp of a country-specific "national programs for elimination ofasbestos-related diseases" in line with International LabourOrganisation and World Health Organisation guidelines.

The National Human Rights Commission had issued notices to thestate government on July 6, 2011, and a statement on June 5, 2012,alleging that the city government has not filed its status reporton victims of diseases caused by asbestos in the Capital, despitereminders.

While protests in Muzaffarpur and Vaishali in Bihar have led toclosure of asbestos factories there, plants in Madhubani, WestChamparan and production of the material in Bhojpur districts arefacing resistance.

Villagers are protesting against proposed asbestos cement roofingfactories in Sambalpur and Bargarh district of Odisha, due towhich the Sambalpur plant has been halted. Protests againstasbestos factories in Himachal Pradesh and Andhra Pradesh are alsoon.

ASBESTOS UPDATE: Caterer's Surviving Kin to Sue Lancashire County-----------------------------------------------------------------The Blackpool Gazette reports the family of a school caterer whodied from an industrial disease is preparing to make a claimagainst County Hall.

An inquest heard Joyce Woodward, 80, of Mowbray Road, Fleetwood,died after coming into contact with asbestos during her 40-yearcareer working in schools in the port.

Her daughter, Sue Partington, 56, from Thornton, said since theinquest had confirmed an asbestos link, the family would seeklegal advice to pursue a claim against Lancashire County Council.

She said: "I think it's what she would have wanted.

"There wasn't a proper diagnosis before she died but now thecoroner has recorded her death is linked to asbestos exposure."

The inquest heard Mrs. Woodward, who was employed by the schoolmeals service, worked at Flakefleet and Chaucer Primary Schoolsand Cardinal Allen High School.

The grandmother-of-two enjoyed an active life after retirement,baking for family and friends, before she began suffering frombreathing problems.

Her health deteriorated and Mrs. Woodward was taken to TrinityHospice on May 5, where she died surrounded by her family on May29.

A post mortem revealed Mrs. Woodward died from a rare, aggressiveform of mesothelioma called sarcomatoid.

Anne Hind, Blackpool Coroner, recorded a verdict of industrialdisease.

She said: "This is the frightening thing about this tumor -- theexposure can be so long in the past. If the World HealthProtection Agency is to be believed, we are going to have a hugeexplosion of deaths of this kind over the next decade. We havehad a lot more cases in the last few years than we have in thelast 20."

Mrs. Woodward's relatives said she is deeply missed by her family.

Mrs. Partington added: "It's sad that she was so active andsuddenly it was all taken away.

"She loved working in the schools, she loved the baking in theschools, interacting between staff and getting to know the kids.She must have made meals for thousands and thousands of meals forchildren.

"We all miss her."

Bev Cullen, a solicitor at Lancashire County Council, said: "Weare sorry to hear of the death of our former employee, Mrs.Woodward, and offer our sympathy to her family.

"If a claim is received from her family we shall of course dealwith it under the appropriate procedures, but are unable tocomment further at this stage."

ASBESTOS UPDATE: Locals Slam Wirral Council Over Dumped Fibro-------------------------------------------------------------Geoff Barnes of The Wirral Globe reports that a Wirral communityclaim they were exposed to a life-threatening hazard for threedays after asbestos waste was dumped in an alleyway.

People in the Colwyn Street -- Falkland Street area of Birkenheadhave accused Wirral Council's Streetscene department of leavingthe hazard uncovered in an area where children play, despite avisit by one of its officers.

A Globe reader who did not want to be identified, said: "Althoughsomeone came out to investigate almost immediately and left awarning sign that it was asbestos, they didn't even take thesimple precaution of covering the contents over.

"They merely left a trio of traffic cones linked by tape which, asfar as their effectiveness in deterring the attention of kids wasconcerned, might as well have been party balloons and streamers."

The resident concerned covered the sack of asbestos with a plasticsheet and added a piece of board as an extra precaution.

He said: "The asbestos waste was dumped in what is, in effect, apublic thoroughfare. This situation would be unlikely to gosimilarly unaddressed in locations such as Meols or Hoylake.

"However for residents of this part of town, three or four days ofpotential exposure to hazardous and life-threatening industrialwaste, seems somehow perfectly acceptable."

He said the official Health and Safety Executive guidelines fordealing with fly-tipped asbestos underscored his concern about thecouncil's "wholly inadequate approach to dealing with apotentially hazardous problem."

The guidelines advise that if the waste is in an inhabited areaaccess should be restricted until its removal; and the materialshould be covered and dampened to prevent dust being blown about.

Councilor Harry Smith, Wirral Council cabinet member forstreetscene and transport services said he was unaware theasbestos waste had not been covered.

He commented: "I don't think this was very helpful. I will get onto the relevant department as ask for the matter to be pursued asa matter of some haste."

ASBESTOS UPDATE: Contamination Ends FONCS Excavation Project------------------------------------------------------------Tom Bristow at eveningnews24.co.uk reports that The Friends ofNorwich City Station (FONCS) began excavating the former citystation at the start of Marriott's Way, near Halfords, in 2010.But in April this year, they were asked to stop while NorfolkCounty Council tested for contamination.

The county council has now said the volunteers will have to stoptheir work after the discovery of asbestos and cyanide, followingtests in July.

Graham Wray, from Norfolk Property Services, which is owned by thecounty council, said: "Since taking over the running of the sitein May we quickly identified several issues including fly-tipping,littering and poorly maintained trees.

"We also wanted to investigate any possible problems in the groundas it is an old industrial area and site of the former NorwichCity Station."

The contamination was found under the former engine shed, while achemical from coal tar was discovered around the platform, whichthe volunteers had been excavating.

NPS said it will now look to plant trees and concrete over thecontaminated areas so people can visit it in the future.

Mr. Wray added: "We are satisfied that people using the Marriott'sway path can continue to do so safely."

Jon Batley from FONCS said they had contacted the city council tosee who owned the land when they started work in December 2010.

They unearthed a platform which they hoped would make animpressive landmark for the start of Marriott's Way.

The 41-year-old said it was a "crushing blow" that the group'swork would have to end.

He said: "It is heartbreaking, but it is not our land. There isnothing we can do about it."

Mr. Batley, who lives on Drayton Road, said they now hoped tocarry out excavation work elsewhere, but he said they were in thecounty council's hands.

ASBESTOS UPDATE: Request for Biopsy on Living Plaintiff Denied--------------------------------------------------------------Chris Placitella at mesotheliomalegalblog.com reports that anasbestos defendant cannot reserve the right to autopsy itsterminally ill opponent, a judge ruled, setting a precedent inMissouri and perhaps nationwide.

Roy Duncan says asbestos exposure caused him to developmesothelioma, an especially deadly form of lung cancer.

Noting that Duncan could die before trial, Reicchold Inc., one ofthe companies Duncan has sued, asked the 22nd Judicial CircuitCourt to let it conduct a "postmortem biopsy" to preserve 5 gramsof Duncan's lung tissue for testing.

Duncan's attorneys with Simmons Browder Gianaris argued that thereis no legal precedent for such an order and that autopsy decisionsbelong to the deceased's family.

Judge Bryan Hettenbach sided with Duncan, finding that the biopsyis still an autopsy.

Autopsies involve public policy issues and issues involvingproperty rights to the body of the deceased, according to theruling.

Reicchold also failed to specify whom its proposed autopsy orderwould target, and what it would say, the judge found.

An order directed to Duncan is problematic because Duncan is notdeceased. Conversely, an order directed to Duncan's personalrepresentative is problematic because the representative does nothave property rights to Duncan's body until after his death.

"Finally, the balance of the scientific arguments made by bothparties make it appear unlikely that the results of the testing ofthe autopsy lung tissue would be conclusive as to defendant'sliability on plaintiffs' claims in this case," Hettenbach wrote."Moreover, even if one accepts that more information is generallybetter than less, it appears less than certain that the testresults here would even be probative."

Simmons Browder Gianaris shareholder Ted Gianaris said Reiccholdhad tried to prove that it used "safe asbestos" or that there wasno asbestos at all in Duncan's lungs.

Asbestos defendants routinely try to claim that they use "safeasbestos," when in reality all asbestos causes mesothelioma,Gianaris said.

"The defense's argument distracted from the actual issue in thiscase: Mr. Duncan was poisoned by asbestos exposure decades ago,not by what might be in his lungs today," Gianaris told CourthouseNews. "The court seemed to recognize the autopsy was not going toprovide probative evidence and was likely a red herring."

Hettenbach's ruling sets precedent for such motions in Missouri.Gianaris believes asbestos defendants will continue to make suchrequests in cases throughout the country, but hopes Hettenbach'sdecision will influence how other courts rule on the matter.

"Mr. Duncan is alive and fighting the terminal diseasemesothelioma," Gianaris told Courthouse News. "He should get hisday in court this fall. The judge's ruling gives his family peaceof mind that they will not be ordered to do something againsttheir will down the road. . . . We think this order ends theargument."

ASBESTOS UPDATE: Housing Firm Exec Says Fibro Posed No Risk-----------------------------------------------------------The Shields Gazette reports a family from South Tyneside want tobe moved after housing bosses told them their home containsasbestos.

Ian and Rebecca Swindell moved into their South Tyneside Homes(STH) property in Bardon Court, Harton Moor, South Shields, threeyears ago.

They knew the majority of the walls were covered in Artex, but itwas only by chance, six weeks ago, that workmen discovered theycontained the potentially killer substance.

Mr. Swindell, 47, said: "They must have been aware three years agothat the Artex was likely to contain asbestos, but yet they stillmoved us in.

"We have children living in this house, and we now don't feel it'ssafe or healthy for them to be in this kind of environment.

"All we have been told is not to chip the walls and everythingshould be fine.

"That's all very well and good when there's youngsters runningabout."

The couple who are parents to Grant, four, Jake, 11, and Sophie18, only found out their house was contaminated only by accident.

An officer from STH, who was dealing with an unrelated issue witha skirting board, used the toilet and heard an odd noise.

After finding the ceiling's ventilation fan had been boxed in, butwas still working, he arranged for it to be removed.

Before workers could remove it, routine tests were carried out onthe plaster, and it was then found asbestos was present.

Mr. Swindell said: "The walls are an awful green color.

"We want to redecorate, but we've been told not to disturb theplaster.

"The bathroom has been left in a right mess too, we've been toldwe need to use a special kind of paint over the new plaster, butnobody has bothered to tell us what kind.

"We are fuming.

"Families with young children shouldn't be left in houses whichare known to contain asbestos."

Mark Whittle, Director of Investment for South Tyneside Homes,said: "We can confirm that we made an appointment to replace theextractor fan in Mr. Swindle's home on Aug. 23.

"Due to the presence of asbestos safely sealed within the Artexceiling, we arranged for an HSE Licensed Asbestos Contractor toassist with this initial work.

"Following the completion of this, two of our team leaders visitedthe property on Aug. 24, but realized the finished quality of theceiling was not up to our usual high standards so arranged theremoval and reinstatement of the entire ceiling.

"The ceiling was removed and re-boarded on Friday, Sept. 14, withfollow-up works completed on Saturday, Sept. 15 to minimize thedisruption to the tenants and their family.

"We have arranged for our own Property Services to carry out someminor adjustments to the fixings of the lights and to fit theshower rail.

"We must stress that the Artex was sealed and in good conditionand therefore posed no risk to Mr. Swindle and his family.

"Artex, like other asbestos containing materials, is safe so longas it is not disturbed and we have arranged for our asbestosmanager to contact Mr. Swindle to allay any fears and answer anyqueries he might have."

ASBESTOS UPDATE: Caterpillar, 75 Others Face Meso Lawsuit---------------------------------------------------------Kyla Asbury of The West Virginia Record reports that a SignalMountain, Tenn., spouse is suing 76 companies for a mesotheliomadiagnosis and death.

On April 28, John Elmer Simons was diagnosed with mesothelioma,from which he died on June 27, according to a complaint filedAug. 30 in Kanawha Circuit Court.

Willie H. Simons claims John Simons was exposed to asbestos duringhis employment as an electrician from 1953 until 1992.

John Simons smoked one pack of cigarettes per day from 1947 until1974, but then quit, according to the suit.

Willie Simons claims certain defendants are also being sued aspremises owners and as John Simons' employers for deliberateintent/intentional tort.

The defendants are being sued based on theories of negligence,contaminated buildings, breach of expressed/implied warranty,strict liability, intentional tort, conspiracy, misrepresentationsand post-sale duty to warn, according to the suit.

The MCCAA was moved to the offices just over a year ago, after thegovernment leased Mizzi House in Blata l-Bajda for EUR300,000 peryear. It later transpired that there are asbestos panels on aroof adjacent to the MCCAA offices; and the authority's airintakes of the heating, ventilation and air conditioning (HVAC)system are in close proximity to the carcinogenic material.

Faced with complaints from employees, the authority claims thatthe 'legal value' of asbestos has not been exceeded inside theoffices; however the amount of asbestos needed to cause healthhazards, including cancer has never been scientificallydetermined.

Tests were carried out by Dr. George Peplow, allegedly an oldacquaintance of the MCCAA chairman, Francis Farrugia. However heis neither a toxologist nor a health scientist.

Moreover, various EU and international standards stipulate whatkind of HVAC and filtration systems should be in place atworkplaces. Employees have confirmed with MaltaToday that thesystems installed at the MCCAA are not adequate, especiallyconsidering that the offices are situated in a heavily pollutedarea.

Ironically, the authority houses the Standards and MetrologyInstitute which among other things, sets standards for andenforces quality of life, safety, health and the protection of theenvironment.

After coming under the scrutiny of the media, the authority hasdecided to make some changes in the HVAC system, and replacedpieces of foam intended to protect the motors of ventilators witha Honeywell ACA-5018E pre-filtering equipment which could bebought online for around EUR25.

Although this is a minor improvement on the ventilation system, itdoes not constitute a major improvement needed to filter thepollution.

For months, the employees have been demanding action to be takenbut until recently neither the unions representing the employeesnor the Occupational Health and Safety Authority (OHSA) took theauthority to task over the health hazard.

In recent weeks, the General Workers Union and the OHSA issued anumber of statements, however the only tangible result so far wasa confirmation that the situation was being monitored. Yet,employees at the authority insisted that while monitoring thelevels of asbestos was important, the problem can be easilyresolved by removing the asbestos panels.

The 10-year lease the government signed for Mizzi House in October2011, with Mizzi Estates Limited stipulating that the governmentwill pay EUR300,000 per annum for the first two years rising toEUR427,000 in 2021.

Over the 10-year period, the government will be paying EUR3.55million to lease the main building and an additional EUR207,500 tolease the garage.

Mizzi House belongs to the Mizzi Organisation, which holds variousbusiness interests including automotive; tourism and leisure;manufacturing; services; real estate and mechanical andengineering contracting.

Before entering the political scene, Prime Minister Lawrence Gonziwas the company lawyer of the Mizzi Organisation, for whom he alsoserved as Group Chairman between 1989 and 1997.

In a statement, the Occupational Health and Safety Authority saidthat there was no law that requires an employer to remove asbestosat his place of work.

"As a matter of fact, asbestos which is in a good state ofmaintenance and repair should be left in place to avoid creatingnew and unnecessary risks which would be very difficult tocontrol," an OHSA spokesperson said.

In the situation that is described, the risk is being created by athird party, which is not covered by OHS laws. "OHSA is notempowered at law to order the 'third party' to remove the asbestossolely because, in theory, it may cause a hitherto undemonstratedrisk to neighboring establishments," the authority's spokespersonsaid.

"What OHS legislation requires is that the employer, in this casethe MCCAA, evaluates the situation and to quantify the risks, ifany, of exposure. OHSA has ensured that the necessary hazardevaluation and risk assessment have been carried out according tothe requirements of the law, meaning that such an analysis iscarried out by a suitably competent person.

"In actual fact, OHSA is convinced of the professional integrityand competence of the person contracted by the employer to carryout such evaluations. OHSA will also be ensuring that thesituation will continue to be monitored by the employer, andshould the circumstances change, and warrant any enforcementaction, OHSA will not hesitate to ensure that all protective andpreventive measures are taken."

The OHSA said it is not in a position to divulge, for reasons ofconfidentiality, the results of the analysis concerning (a) thestate of the asbestos roofing and its level of deterioration, and(b) the airborne asbestos fibre count. However, OHSA confirmsthat these results are well below internationally acceptablestandards.

OHS legislation also requires an employer to make available alldocumentation on any matter that may affect the workers' healthand safety.

"The relevant regulations also give the right to workers of beingconsulted through their health and safety representativesappointed according to the General Provisions at Work PlacesRegulations.

"On this matter, such workers should make full of their right andseek to obtain copies, if these have not been made available, ofall analysis, measurements and assessments."

ASBESTOS UPDATE: Japanese Survey Says Old Chimneys Release Fibro----------------------------------------------------------------The Japan Times reports that asbestos used as insulation materialfor chimneys could peel off and become airborne from chimneys attens of thousands of buildings nationwide, according to a surveyreleased Wednesday, Sept. 12.

The Tokyo Occupational Safety & Health Center, a nonprofitorganization that led the study, said the carcinogen can be foundin chimneys at schools, hospitals and factories, including thosebuilt between the 1960s and 1990s.

The center said the material, which can cause lung cancer andother diseases, may not pose a serious public health hazard inareas near the chimneys as its density will dissipate in theatmosphere. But it urges that asbestos in chimneys be removed orthat the stacks be sealed.

In a study that started in 2009, the center looked at nine agingchimneys, all of which were found to be releasing asbestos.

ASBESTOS UPDATE: Ex-Soldier Gets Payout From 3 Employers--------------------------------------------------------Alice Hutton for the Camden New Journal reports that an ex-soldierdied of a "horrific" lung cancer triggered by contact withasbestos-riddled pipes, an inquest has heard.

Peter Turner won compensation from three separate employers aftercontracting the fatal condition brought on by contact with thenow-banned substance formerly used as insulation in buildings.

St. Pancras Coroner's Court heard on Thursday, Sept. 13 how the77-year-old died about 18 months after being diagnosed with an"aggressive tumour" in his lung.

The grandfather-of-four, who lived with his wife Rene, 75, inCastle Road, Kentish Town, worked at The Royal College of Surgeonsin his early 20s and later at the City of London Real PropertyCompany and Marsh Services.

Rene told the court that her husband, who was stationed with theBritish Army in Korea after he left school, "had to removeasbestos insulation within buildings where he worked. He oftenworked in confined spaces and could not avoid breathing in thedust. It created dust that covered his face and clothes."

He retired in 1990 but it was not until 11 years later thatsymptoms, such as extreme breathlessness and chest infections,began to appear. The father-of-three was formally diagnosed inMarch 2011.

He died on July 12 at a Marie Curie Cancer Care hospice inHampstead after his condition suddenly deteriorated.

Rene said: "It was a shock. He had only gone in for a rest. Itwas very quick."

Coroner Dr. William Dolman told the family: "As a family doctorand coroner I have also seen that when people relax and when theyare being cared for well and feel safe, they often let go."

He said Mr. Turner died of the industrial ?disease of malignantmesothelioma, adding: "It is a horrific type of lung cancer whichin over 95% of cases is associated with exposure to types ofasbestos.

"It was in 1990 that he retired and there was, not unexpectedly,an 11-year gap before this aggressive tumor was found."

ASBESTOS UPDATE: Death Toll From Fibro Rises in West Australia--------------------------------------------------------------Alison Batcheler of The West Australian reports that the Office ofAsbestos Safety, announced by the Federal Government, will developa plan to remove asbestos from government and commercial buildingsby 2030 and label asbestos in homes to alert tradesmen, tenantsand buyers.

This incurable cancer occurs in the pleural tissue layers thatcoat the inside of the chest wall and the outside of the lung andis almost always caused by asbestos exposure, according to EdwardFysh, Sir Charles Gairdner Hospital respiratory physician and LungInstitute of WA researcher.

These fibers over time, often 20-40 years after inhalation, leadto the development of mesothelioma. While not all people exposedto asbestos will develop mesothelioma, a small exposure can beenough to trigger the cancer.

Dr. Fysh said there were about 100 new cases of mesotheliomadiagnosed each year in WA, causing an estimated 650 admissions tohospital each year. The median survival time is just under ayear.

There is no cure and chemotherapy could only extend life by anaverage of three months. Most patients suffer from rapid build-upof fluid causing breathlessness and a fear of drowning.

A new technique of inserting an indwelling catheter to drain thefluid -- recently developed by Dr. Fysh and colleague ProfessorGary Lee -- has helped reduce breathlessness and reduced the needto visit hospital for drainage procedures.

The Toll:

-- The number of new cases in the Western world is expectedto peak in 2020 but there will be a long "tail" of cases for yearsafter, according to Dr. Fysh.

-- About 1,631 West Australians were diagnosed withmesothelioma between 1960 and 2008. Most worked in mining andmilling asbestos products.

-- From 1981 to 2008, 87 cases of malignant mesothelioma werelinked to home maintenance or renovation.

-- In 2005-08, home renovators accounted for 8.4% of all menand 35.7% of all women diagnosed.

-- There have been at least 4,700 deaths from mesothelioma inAustralia since records began in the early 1980s.

-- It is estimated more than 25,000 Australians will die overthe next 40 years.

Other Asbestos-Related Diseases:

-- Pleural disease -- inflammation of the membranes (pleura)that line the lungs and chest cavities causing the tissue tostiffen and thicken and the accumulation of fluid, restrictingbreathing.

ASBESTOS UPDATE: NYPL-Bloomingdale Up for Abatement in December---------------------------------------------------------------Emily Frost at DNAinfo.com New York reports that the publiclibrary branch at 100th Street and Columbus is set to close forseveral months at the end of the year for a series of renovations-- including asbestos removal, city officials confirmed.

The NYPL's Bloomingdale branch at West 100th Street and ColumbusAvenue will be closed beginning in December for asbestos removal,renovations to its windows and better exterior lighting, libraryand city officials confirmed.

Joseph Soldevere, a spokesman for the Department of Design andConstruction, confirmed that the 51-year-old building has asbestosthat needs to be removed, adding that "such [asbestos] abatementsare routine for buildings of this age."

"We are following numerous safety protocols, as well as all city,state, and federal regulations as we complete this work," headded, saying that the work is set to begin in December and "willcontinue for at least three months."

Soldevere could not confirm the length of time the library wouldbe closed, but said "we will do our utmost to minimize anydisruptions to the library's operations."

A spokeswoman for the NYPL said the "massive restoration" of thebranch will include better heating, improving windows, betterlighting outside, and reconstruction of the facade and interior.

"They're doing a fa‡ade restoration and upgrading the heating andthe windows. There's some serious reconstruction of the exteriorand the interior," said Amy Geduldig, public relations manager forthe New York Public Library.

"The building is safe and secure for public use," she said.

Geduldig said the exact timeline for closure is still in flux, butBloomingdale's head librarian Rebecca Donsky told the localcommunity board at its September meeting that the library would beclosed for two months as early as the beginning of October.

Part of the project will include improving the building's exteriorlighting. Safety outside the library has been a concern forpatrons and the head librarian.

Though the library is across from the 24th Police Precinct, Donskyreported feeling threatened by groups of unruly teens hanging outoutside the library after hours last year.

ASBESTOS UPDATE: Sibling Shocked of Ex-Stanton Worker's COD-----------------------------------------------------------The Ilkeston Advertiser reports that a pair of siblings were"surprised" to hear that their ex-Stanton worker brother had diedfrom the effects of inhaling asbestos, during an inquest into hisdeath.

James Cope, 85, was taken to Royal Derby Hospital after a fall athis home at Hazelwood Nursing Home, Cotmanhay.

He died two days later on Feb. 3, but a post mortem found that hehad died from pulmonary asbestosis -- something he had never beendiagnosed with.

Consultant pathologist Dr. Andrew Hitchcock, who examined Mr.Cope's body, told Derby Coroner's Court: "If he had not had hisfall and broken his leg, sooner or later -- probably sooner ? hewould have died of pulmonary asbestosis. Perversely if he had nothad lung disease he may well have survived his fracture."

Documents revealed that he worked at Stanton from 17 and then atChilwell Ordnance Depot until he retired -- both places where hecould have been exposed to asbestos.

On hearing Dr. Hitchcock's evidence, Mr. Cope's brother Bryansaid: "That's come as a shot right out of the blue."

Deputy assistant coroner Louise Pinder recorded a verdict that Mr.Cope had died as a result of industrial disease.

ASBESTOS UPDATE: Sleaford Property Restorer Fined GBP4,000----------------------------------------------------------Thisislincolnshire.co.uk reports that a property restoration anddevelopment company in Sleaford has been fined after workers andthe public were exposed to asbestos.

J Hodgson and Sons Ltd, of Carre Street, disturbed asbestosinsulating board during refurbishment work at the former WhiteHart pub in Southgate in the town between March and June 2011.

The company placed the material in an open skip close to a busythoroughfare in the early stages of stripping out the building.

A surveyor visiting the premises reported this to the Health andSafety Executive (HSE), which immediately served a ProhibitionNotice stopping all work at the site until the firm employed alicensed asbestos removal company to take the material away.

At Lincoln Magistrates' Court, J Hodgson and Sons Ltd pleadedguilty to two separate breaches of the Control of AsbestosRegulations 2006 for failing to prevent the spread of asbestos andexposure to it. The company was fined GBP2,000 and ordered to paycosts of GBP2,000.

After the hearing, HSE inspector Sam Russell said: "The companyfirst put workers' health at risk by disturbing asbestos and thenthat of the public by putting the insulation board in an open skipclose to a busy thoroughfare between a car park and Sleaford'smain shopping area.

"Asbestos-related diseases kill more than 4,000 people a year.

"Asbestos is still prevalent in many buildings and has to bemanaged correctly. Operatives and companies must be trained towork with this potentially deadly material to make sure no-one isput at risk."

Further information on managing risks and working safely withasbestos can be found online at www.hse.gov.uk/asbestos

ASBESTOS UPDATE: Dublin School Demolition Timing Upsets Parents---------------------------------------------------------------John M. Zukoski for Around Dublin reports that students andresidents in Dublin, CA are excited about the demolition of40-year old buildings at Dublin High School, as Dublin UnifiedSchool District (DUSD) clears way for the brand new performingarts center. Expected to be completed by fall 2014, theperforming arts center construction is being funded by Measure Cbond proceeds. While most recognize that the new performing artscenter will be a welcomed addition at Dublin High School, someparents are questioning the timing of the demolition.

"As a Dublin citizen I am very pleased to see all the improvementat this wonderful high school, but I find the timing a littledisturbing," said Cynthia Santos, mother of two former Dublin HighSchool graduates. "Don't you think it would have been a muchsafer decision for our DHS students and faculty had they done allthis demo work over the summer when there were no studentspresent?"

Drawing on her professional expertise from the constructionindustry, Santos raised health and safety concerns with theunfortunate timing of the demolition. "The old 1960's buildingsbeing torn down have a high likelihood of containing asbestos andlead, both proven to be a health hazard. As far as I am concernedthere are NO 'acceptable levels' when it comes to my children. Itseems very irresponsible to start the demo during the first weekof school," said Santos.

Asbestos is a set of six naturally occurring silicate mineralsused commercially for their desirable physical properties.Asbestos became increasingly popular among builders in the late19th century because of its affordability, sound absorption,average tensile strength, and resistance to fire, heat,electrical, and chemical damage. It was used in such applicationsas electrical insulation for hotplate wiring and in buildinginsulation.

Disturbing asbestos materials may generate airborne asbestosfibers. Asbestos is only dangerous if it becomes airborne. To bea significant health concern, asbestos fibers must be inhaled overan extended period of time. Asbestos fibers then accumulate inthe lungs and can lead to diseases like asbestosis andmesothelioma. As exposure increases, the risk of asbestos-relateddiseases also heightens.

Asbestosis is a scarring of the lung tissue. The scarring impactsthe elasticity of the lungs and lowers its ability to transferoxygen and carbon dioxide. Asbestosis is a slowly progressivedisease and can take 15 to 30 years to develop.

Mesothelioma is a type of cancer. This disease attacks the liningof the space holding the lungs, called the pleura. Mesotheliomais considered to be exclusively related to asbestos exposure.Mesothelioma may take 30 to 40 years to develop.

Not all parents share the same health and safety concerns raisedby Santos. "This project takes place away from the normal travelpaths and is isolated by fencing. They encapsulate the areas thathave asbestos and make sure it stays contained," assured anotherDublin parent who has been involved with Dublin school districtmatters. "This project will last for an extended time and wouldhave always had to occur with students in place. Summer projectsare normally reserved for those that need to have the students notattending the area."

ASBESTOS UPDATE: Coroner Says Emsworth Man's Death Work-Related---------------------------------------------------------------Portsmouth News reports that an Emsworth man died from asbestospoisoning having been exposed to the material when he worked as alaborer.

At an inquest into the death of Keith Rogers, it was heard the 63-year-old was 'very healthy' until September 2011.

In information provided by his ex-wife Constance, read out bycoroner's officer Lyn Ralfe, it was heard at that point he startedhaving shortness of breath.

He went to his GP and was prescribed medication for gout, but bythe end of April he was still unwell and was sent for a biopsy atSt. Richard's Hospital.

Mr. Rogers, of Westbourne Road, was found to have mesothelioma,and was cared for by his family until he died on Aug. 8.

A statement from Mr. Roger's solicitor was read out, stating thelaborer had worked with asbestos lagging early in his career.

Coroner for West Sussex Penelope Schofield recorded that he diedfrom an industrial disease.

ASBESTOS UPDATE: Canada Lets Go of Asbestos to Global HazMat List-----------------------------------------------------------------Randall Palmer of Reuters reports that Canada dropped its longtimeopposition on Friday, Sept. 14, to the international listing ofasbestos as a hazardous material, a designation intended to curbthe use abroad of the fire-resistant substance, which can causecancer and other illnesses.

Canada had been the main opponent of such a listing, which wouldrequire exporters to warn importing countries of the hazards ofasbestos, and would allow countries to ban its import. Thelisting would not of itself ban its sale.

Industry Minister Christian Paradis said he made the decision as alogical consequence of plans by Quebec's provincial premier-designate, Pauline Marois, effectively to end the production ofthe substance. Quebec is the only place in Canada where it'sproduced.

Canada had long worked against the listing under the UnitedNations' Rotterdam Convention, fearful that it would put Quebecasbestos mining out of business.

"It would be illogical for Canada to oppose the inclusion ofchrysotile (asbestos) in . . . the Rotterdam Convention whenQuebec, the only province that produces chrysotile, will prohibitits exploitation," Paradis said.

He made the announcement in Thetford Mines, his birthplace in theheart of his electoral district, and once a huge player inasbestos production.

Canada has been the only Western developed country to exportasbestos, which is estimated to kill more than 100,000 peoplearound the world every year. It had continued to export it eventhough it strictly regulated its use domestically.

From 1900 through 2003, it accounted for one-third of allworldwide production of all types of asbestos, according to theU.S. Geological Survey. Only Kazakhstan and Russia collectivelyproduced more.

But asbestos production had been dwindling in Canada. Accordingto the U.S. Geological Survey, it dropped to fifth on the list ofasbestos producers in 2011, with production less than a third ofwhat it had been five years previously.

Only six countries were producing quantifiable amounts of asbestoslast year: Brazil, Canada, China, India, Kazakhstan and Russia.It is still used to strengthen cement products and roof shingles,and the industry says those uses are safe.

Successive Canadian governments had refused to step in and banasbestos production, arguing that if used appropriately it was notharmful, but they were embarrassed at international meetings whenthey defended its use.

The outgoing Liberal government in Quebec had announced a CAD58million ($60 million) loan to restart the Jeffrey Mine, whichwould have been the only active asbestos mine in the province, butthe incoming Parti Quebecois, elected on Sept. 4, has pledged tocancel that loan, with the resulting end of asbestos output inCanada.

ASBESTOS UPDATE: Two Maili Playgrounds Tested for Contamination---------------------------------------------------------------Kristine Uyeno at khon2.com reports that two playgrounds in Mailithat were supposed to be renovated are now being tested for leadand asbestos.

This comes after KHON2's "Action Line" report on Wednesday,Sept. 12.

Maili residents expressed concern over playgrounds that weredemolished but never cleared.

Since the story aired, the State has removed the equipment andtaken samples for tests.

Workers wearing masks and gloves, remove the rubber pieces of ademolished playground. They spent the morning of Friday, Sept. 14clearing the playground equipment at Maili One, which is owned bythe Hawaii Public Housing Authority.

"I am relieved that they came and cleared it," said Dawn Clarke,resident.

Clarke, who contacted KHON2's Action Line, says, "the playgroundswere demolished over a month ago. But the equipment was left likethis and not roped off. We checked out the area on Wednesday,Sept. 12 and just before we left, a crew arrived and put up abarricade. Some parents also expressed concern, because theirchildren began coughing, right after the playgrounds were tornapart."

"Like something's jumping in my throat and it hurts," said MaileClarke, Dawn's daughter.

Doctors took x-ray's of the 7-year-old girl's lungs.

"And if you see all this gray cloudy stuff that's in here, that'sthe bronchial infection," Clarke said.

"They're giving her a cocktail of a bunch of differentantibiotics. A total of 8 so far, because it's a guessing game,they don't know what they're treating," Clarke said.

So she has taken samples of the playground to a lab in Kaimuki.She says the lab is doing this for free, after seeing the story onKHON2. The state also took samples of the rubber surface andequipment to test for asbestos and lead. Results are expectedwithin a week.

"Why did this happen? Why was this allowed to happen here? Thestuff is gone, but I still haven't gotten any answers," Clarkesaid.

Although the State owns the 20-unit property, it is managed by theprivate company Realty Laua. The company took over managementafter the previous property manager's contract expired. TheHawaii Public Housing Authority said the playgrounds were beingrenovated but they had no idea about the situation, until KHON2contacted them.

ASBESTOS UPDATE: Battle of Gettysburg Electric Light-Up Map Sold----------------------------------------------------------------The Associated Press reports that the electric light-up map thateducated visitors at the site of the Battle of Gettysburg fordecades has sold at auction for $14,000.

The 30-by-30-foot map weighs 12 tons and was made partly out ofasbestos. It was featured inside an auditorium in the GettysburgNational Military Park's old visitor's center in Gettysburg, Pa.It was sold online Friday, Sept. 14, by the federal governmentbecause the National Park Service no longer wants or needs it.

The map helped people understand the Civil War's bloodiest battleby using blinking lights to demonstrate the positions of landmarksand the progress of the armies on a topographically accuratedepiction of the site. It was up and running in 1963 for thebattle's 100th anniversary. It became obsolete in 2008 after anew visitor's center opened.

Information about the winning bidder hasn't been disclosed.

ASBESTOS UPDATE: Clean Up Of Infamous Wilton Building Almost Done-----------------------------------------------------------------The Associated Press reports that Maine environmental officialssay a Wilton building that was once described as the worstasbestos hazard in the state has been largely cleaned up.

The former Forster Mill building on Depot Street is scheduled foran inspection by the Maine Department of Environmental Protection.

Department spokeswoman Samantha Depoy-Warren tells the MorningSentinel (http://bit.ly/Sk2FNR)that enforcement team members were jubilant after seeing photos of the cleanup site.

The man who owns the building and the contractor that created thesafety hazard face fines from state and federal enforcementagencies.

Asbestos fibers are known to cause cancer when inhaled. Thevolume of the material, some of which had been ground into dust,led Bob Rickett of Abatement Professionals to call it the worsthe'd seen in 30 years of asbestos remediation.

ASBESTOS UPDATE: "Specialist" Provided Fake Safety Certificate--------------------------------------------------------------The owner/director of a specialist contractor has been given asuspended prison sentence after removing asbestos without alicense and deceiving the householders by providing a doctoredcertificate saying the room was safe.

The Health & Safety Executive (HSE) investigated the circumstancesof an incident in London and brought a prosecution against Mr.Horrey under the Control of Asbestos Regulations 2006.

Southwark Crown Court heard that Absolute Asbestos was hired totake out all the asbestos insulation from the boiler room of ahome in Camden. Mr. Horrey, the sole director of the firm, didthe work over eleven days in July last year.

As well as being unlicensed to remove asbestos, Mr. Horrey failedto clean and decontaminate the area. He left visible fibers thatwere a danger to the householders and to the plumbers, who weredue to start work in the boiler room.

After he was finished, an analyst who went to take an air testprovided him with a certificate clearly showing the site hadfailed. However, Mr. Horrey provided a doctored report to theowners indicating it had passed the test and was safe for them tore-enter, which they did.

Mr. Horrey, of Jackson Road, Bromley, Kent, had pleaded guilty atan earlier hearing to three breaches of the asbestos regulationsbetween 18 and 29 July 2011 at Greencroft Gardens, NW6. He wasgiven six months' prison sentence on each charge, to runconcurrently and suspended for two years; 300 hours' unpaidcommunity service; given an electronic curfew between 9pm and 6amfor three months; ordered to pay GBP11,340 to the affectedResidents' Association in Camden and ordered to pay GBP10,160costs.

After sentencing HSE inspector Dominic Elliss, who investigatedthe incident, said he was appalled by Mr. Horrey's recklessdisregard for safety in the full knowledge of the dangers causedby exposure to asbestos.

"He operated outside the safeguards provided by a licensingregime, failed to clean and decontaminate the work area and thenlied to the residents of the property by providing an altered airsafety test done by an analyst and informing them it was clear tore-enter.

"He clearly set out to deceive these householders but, worse thanthat, he was apparently content to put them and the plumbers whohad been booked shortly afterwards at risk.

"Asbestos is not an historical threat. It is the single greatestcause of work-related deaths in the UK and the dangers are well-known in the construction and property industries. That is whythere is a well-established licensing system with companies whoare fully trained and experienced in dealing properly withasbestos of all types."

ASBESTOS UPDATE: Work Stop Order Hangs Liberty Theater Project--------------------------------------------------------------Leonard Sparks of The Times Herald-Record reports that Village ofLiberty officials have long considered the resurrection of thenow-shuttered Liberty Theater a key part of revitalizing thevillage's Main Street.

But roughly six weeks into the grant-funded renovation of fivestorefronts belonging to the 88-year-old theater, owner StephanieEisenberg faces an unexpected nemesis: a work stoppage ordered byan inspector with the state Department of Labor's Asbestos ControlBureau.

The two-month old stop-work order, ignited frustrations; not justbecause the grant comes with a deadline to complete the work.Just as disheartening, some say, is that the decision wasapparently based on an anonymous phone call, not an actualinspection. Only trace amounts of asbestos have been found.

"How do they determine that based on a simple phone call?" saidHeinrich Strauch, executive director of the Liberty CommunityDevelopment Corp. "To have that trigger a stop order for aproject is kind of dubious to me."

Liberty Theater is one of two Main Street buildings in the sameblock cited by the DOL inspector in mid-July.

A Sneaker World store had just opened in a storefront owned byreal-estate broker Peter Belgard when DOL ordered the storeclosed. Sneaker World eventually vacated the storefront. Belgardsaid only a trace amount of asbestos was found.

"I've hired the contractors," he said. "We're on the final stepsto getting it taken care of."

Eisenberg was using a $75,000 grant through the state's MainStreets program to renovate the facades on the now-emptystorefronts. The renovation was the first stage of a plan to turnthe unused theater into a 500-seat performance space for localarts groups. The project is "in limbo," waiting for DOL to decidewhat needs to be done to lift the stop-work order.

ASBESTOS UPDATE: Wall Fibro Closes Annapolis Valley School----------------------------------------------------------Frances Willick for the Herlad News (Canada) reports that anelementary school in the Valley was closed on Friday, Sept. 14after workers found asbestos in a wall.

Margo Tait, the superintendent of the Annapolis Valley regionalschool board, said the discovery was made while employees werepatching a hole in the wall at Cambridge and District ElementarySchool.

"As is our practice, when we find asbestos, of course we removeit," Tait said. "We have an asbestos abatement contractor inthere removing that."

Tait said the workers only found a few particles of asbestosinsulation in the wall, and that no particles were found in theair. The school will have one other room examined.

Tait said there was no evidence to suggest asbestos may be foundthroughout the school.

After all, the Philadelphia-area native can still remember ridingto Gettysburg as a kid. He was about 11 years old and on a BoyScout trip to get a badge, or a certificate, and the details runtogether. But he remembers the Electric Map.

The 12-ton, plaster-and-wire map of the Gettysburg battlefieldgreeted Roland as is did countless others who came to learn aboutthe battle, lighting up the room and offering a boomingsoundtrack. Unlike those thousands of tourists, though, Rolandcan now boast of another map connection: He owns it.

And $14,010 later, he plans to bring it home to Hanover.

The local developer admitted on Saturday, Sept. 15 that was morethan he wanted to spend, as he spoke of the map he won at onlineauction Sept. 14 and joked about checking to make sure his creditcard would cover it.

Roland was also checking the building where he plans to put the30-foot square map, the former Wachovia Bank building on CarlisleStreet he bought in May.

The move is part of a plan to create a downtown heritage andconference center, a plan that's drawn fire from some who say it'snot feasible and right now exists mostly in the minds of plannersseeking to change the fortunes of the Hanover business district.But the plan does exist. Just ask Roland.

"Oh man, you can see it. You can hear it, can't you?" he asked,his voice echoing across an empty room and off the bare walls."The lights blinking. The sound of the cannons, just boomingaway.

"This is going to work here."

Like many, Roland read about it last week. He had no idea.

The Electric Map, nearly destroyed because of its asbestoscontent, was put up for bid. There was little fanfare, save for ahandful of newspaper stories and other reports about the map goingto online auction. The opening bid was $5.

Rather, that was the asking price. But for several days the mapdidn't receive a bid. Roland indicated early in the week heplanned to bid.

"Am I crazy?" he asked. "I don't really think so."

The plan, he said, was to win the map for a few hundred dollarsand bring it to Hanover. From there it could easily be thecenterpiece of that proposed conference center debated in recentmonths.

A second bidder -- one of only two who bid and unnamed by thegovernment website conducting the bidding -- jumped into the fray,quickly pushing Roland up to more than a few hundred dollars.Then, to more than a few thousand dollars. When it was over,Roland had spent in excess of $14,000.

"I guess I could just see it in here," he said, light streaminginto the former bank building's former conference room. "I wantedto make it work."

Along with restoring the Gettysburg Electric Map, Roland plans tobuild a new one.

The Hanover Electric Map will be smaller but similar in design andscale to its 50-year-old predecessor, and will detail in lightsand sounds the events of the Battle of Hanover. The two will sitside by side, albeit with the one from Gettysburg a little off tothe west.

"I always tell people before there was Gettysburg, there wasHanover," Roland joked. "Just ask J.E.B. Stuart."

The Electric Map was listed for sale online at General ServiceAdministration auctions, and the first word in the listing was"SCRAP."

The government wanted to destroy it, Roland said. No question.

There were forms and waivers and a pile of paperwork to fill outabout hazardous materials concerns, Roland said.

"It's like we were trying to buy nuclear waste here," he said."They didn't want anyone to buy it."

Chief among the government's concerns is the map's plastercoating, which officials have said contains 3% friable asbestos.

The National Park Service in Gettysburg has declined to commentabout the map's sale. After securing a waiver for it to go toauction, officials there have said only they wish the winningbidder good luck, adding in a release the purchase would save thePark Service $32,000 in disposal costs.

That's fine with Roland, who said as a property owner anddeveloper he's taken his share of long shots.

It's part of being an entrepreneur, he said.

"And I mean come on, man," he said. "It's the Electric Map."

Roland said he's been told the map, which has been cut up intofour pieces and placed in storage containers, is being stored at asite north of Gettysburg. He has 30 days to remove it from thecontainers and take possession.

It's still very early, but the plan is for a team of engineers todetermine how best to carefully move the map, which dates from1963, onto trucks to transport it to Hanover. Any asbestos issuewill be handled properly at that time, Roland said.

From there it's just a matter of getting the map into its new home-- with a crane through a second-story window

"It'll work," he said, two hands on the window sill and lookingout over Hanover. "I know it will."

Sometimes, people don't quite know what to make of Scott Roland.

When he came forward along with the local Chamber of Commerce topropose a new conference center as a cornerstone of downtownrevitalization, people questioned his motives. When he bought theformer Wachovia building at 22 Carlisle St. for $200,000 throughhis company Blue Ridge Holdings, they asked the same things.

What's he doing?

The Wachovia building was initially identified as one of fourpotential sites for the center. Roland has since been vocal inhis desire to use it for that purpose.

"That's what we bought it and are holding it for," he said.

There's room here for a conference center downstairs, Roland said,pointing to a teller counter that could be removed, and then tothe old vault, still intact and the perfect place for a unique VIPdining room.

There's a great view from the roof too, he said a few minuteslater, turning 360 degrees to take in downtown under a cloud-dappled sky.

But there needed to be something else -- a spark.

"That's where our map comes in," he said.

So there's more planning.

Roland said the hope is in a year there would be significantprogress, both in restoring the Electric Map and betterformulating exactly how it should be presented. The map asinitially designed sat only a few feet off the floor, with risersaround it. Any new presentation will have to address similarconcerns with practical seating.

And of course there's a financial issue. Roland said withoutseeing the map firsthand, there's really no way to tell what thecosts might be. One preservationist recently put the figure at$100,000, something Roland said wouldn't surprise him.

He knew that going in.

But there's certainly a chance it can be done for less, Rolandsaid, offering a glimpse of the optimism that pushes him forward,and perhaps can help push forward what many still call a long-shotproject.

For now, there's a big kid who can still hear the battle sounds inGettysburg, and who wants to talk about what the Electric Mapmight this time bring to Hanover.

There's light twinkling through the windows, and booming off thewalls there's a voice.

"This is going to be really, really cool," Roland said. "Thiscould really be the thing."

ASBESTOS UPDATE: Former Fitter's Mate Pleas to Peers for Info-------------------------------------------------------------Chris Gregory for This is Hampshire News reports that a formerfitter's mate from Hook is appealing for help after beingdiagnosed with an asbestos-related cancer.

Dennis Morris, who grew up in Newnham, was diagnosed in March thisyear with mesothelioma -- an aggressive form of cancer caused byexposure to asbestos.

The 66-year-old believes he may have contracted the disease whenhe worked as a fitter's mate during 1961 and 1962 at EdghillEngineering, where he assisted in the assembly of parts foraircraft ground support equipment. Symptoms of the disease canoccur many years after inhalation.

The firm was based at the current Tesco site in Station Road andwas taken over in the 1970s.

Mr. Morris left his job to join the Royal Navy, and aftercompleting his service moved to the North West of England. He nowlives in Ormskirk, Lancashire.

His claim is now being investigated by law firm John Pickering andPartners, which is appealing for any of his former colleagues tocome forward.

Kevin Johnson, partner and specialist solicitor, said:"Mesthelioma is a dreadful type of cancer, and the only knowncause is asbestos exposure.

"We would like to speak to any of Dennis' old workmates who mayrecall information about Dennis' previous work and duties and anyways that Dennis could have been exposed to asbestos."

ASBESTOS UPDATE: Forster Mill Still Up for Less Regulated Cleanup-----------------------------------------------------------------Ann Bryant for the Sun Journal reports that the Maine Departmentof Environmental Protection on Friday, Sept. 14 approved thecleanup of asbestos recently completed at the Forster Mill.

There were a couple small areas found that needed a little work,but they were something that could be done within the hour, DEPlead and asbestos inspector John Bucci said on the afternoon ofSept. 14 following a walk around the mill.

Owner Adam Mack and his representative, Peter Jensen, joined theDEP inspectors along with Abatement Professionals, the companywhich completed the cleanup, Bucci said.

Bucci was satisfied with the results and that the mill was clean,although there potentially could be some asbestos in the roof, andthe boiler room contains asbestos, he said.

"We're glad we're here. It's been a long process and a huge job.Let's hope the demolition gets going and lets the town feelbetter," he said.

One of the initial inspectors who toured the site in July 2011,Bucci has suited up and toured the work area weekly basis over thelast two months "to make sure everything was going well," he said.

Demolition of the former mill was halted last summer after DEPtesting found significant amounts of asbestos.

A crew working for contractor Ryan Byther of Downeast Constructiondisturbed a significant amount of asbestos and made a mess, Buccisaid. The crew did some salvage of construction materials andleft the asbestos.

Some asbestos abatement was completed last fall by AbatementProfessionals, but the work stopped while the owner tried tosecure funding to finish the work.

After months of trying to obtain an abatement plan, DEP gave theowner one last chance to start remediation work this July beforethe federal Environmental Protection Agency cleaned it up andbilled the owner.

The cleanup work has been slow.

"I can't tell you how difficult it was. Sometimes they were downon their hands and knees cleaning the cracks in the floors whilein a suit and respirator," Bucci said. "They tried to get themajority of the really bad stuff."

The DEP will continue to monitor the demolition work. Because ofthe age of the building, the roof may contain asbestos, but alarge piece of equipment could take it down. There will beanother round of testing, but handling this is different. Removalis less regulated, he said.

The boiler room is a building apart from the mill, and theasbestos was not disturbed by Byther. DEP is comfortable withleaving it until the owner is ready to demolish it, he said.

"It's a huge mill. We could come across another issue, so we'llwork with the demolition crew," Bucci said. "To the best of ourknowledge, the cleanup is complete. The abatement contractor dida heck of a job."

The New York mesothelioma lawyer was referring to the first largeand comprehensive genetic study of squamous cell lung cancer,which found that more than half of the tumors spawned by that typeof cancer can be treated by drugs that are available or soon to beavailable, according to a New York Times report.

Even though the disease is different in each person who has it,researchers hope to be able to match the most significant geneticabnormality in each patient with a drug specifically designed toattack it.

"These kinds of results from the first genetic mapping of a lungcancer bodes well for victims of mesothelioma as research movesforward and the genetic makeup of mesothelioma and other asbestos-related diseases can be mapped," Belluck said.

"Any new information about cancer has the potential to provide thekey that researchers have been looking for."

The study, which was published in the science journal Nature, ispart of the National Institutes of Health's Cancer Genome Atlasproject to examine genetic abnormalities in cancer. Previously,the project created a genetic map of colon cancer.

Squamous cell lung carcinoma is a common type of lung cancer,causing approximately 50,000 deaths per year in the U.S.,according to The Times, and about 400,000 deaths worldwide,according to Nature.

Mesothelioma, which is caused by inhaling or swallowing asbestos,is a terminal cancer diagnosed in about 3,000 Americans each year.Symptoms of mesothelioma typically appear 30 years to 50 yearsafter exposure to asbestos.

Asbestos, a fibrous material that easily breaks down into a finedust, was widely used in hundreds of building products until lawsregulated its use in the 1970s.

Most mesothelioma victims were exposed to asbestos throughemployment in industrial, manufacturing or construction work,despite the fact that asbestos was known to be a carcinogen sincethe first quarter of the 20th century.

"Mesothelioma's 'turn' to be genetically mapped may come later,but we expect that researchers will have made significant advancesthat will have added to the ability to treat mesothelioma andother asbestos-related diseases in the meantime," Belluck said.

"We remain as optimistic as ever that better mesotheliomatreatments and an eventual cure lie ahead of us."

The Belluck & Fox law firm is nationally recognized for itsadvocacy for mesothelioma patients and their families.

Belluck & Fox has obtained several multi-million dollarsettlements and verdicts on behalf of mesothelioma sufferersthrough personal injury and wrongful death lawsuits.

In August, the $51 million combined verdict in the consolidatedcase of Dummitt v. A.W. Chesterton (No. 190196/10) and Konstantinv. 630 Third Avenue Associates (No. 190134/10), which the firmsecured in the Supreme Court of New York, was recognized as thenation's third-largest verdict in an asbestos-disease lawsuit in2011 by the annual Mealey's Litigation Report: Asbestos.

The firm recently helped the NYU Langone Medical Center's CancerInstitute purchase a highly advanced molecular analysis system forcancer research, and it sponsors MesotheliomaHelp.net, one of theWeb's primary resources for information on malignant mesotheliomaand other asbestos-related diseases.

The law firm and MesotheliomaHelp.net are conducting an essaycontest for college students that will award $10,000 in tuitionmoney for the top essays about mesothelioma.

"We've seen how devastating mesothelioma can be to its victims andtheir families, and we're thankful that we've been able to helpmany families with our legal work and other advocacy," Bellucksaid.

"The need to find a viable mesothelioma treatment and cure iscritical. We will continue our efforts as we cheer and supportthose of the scientific community."

About Belluck & Fox, LLP

Belluck & Fox, LLP, is a nationally recognized law firm thatrepresents individuals with asbestos and mesothelioma claims, aswell as victims of crime, motorcycle crashes, lead paint and otherserious injuries. The firm provides personalized and professionalrepresentation and has won more than $500 million in compensationfor clients and their families.

Partner Joseph W. Belluck is AV-rated by Martindale-Hubbell and islisted in Best Lawyers in America, New York Magazine's "BestLawyers in the New York Area" and in Super Lawyers. Mr. Belluckhas won numerous cases involving injuries from asbestos, defectivemedical products, tobacco and lead paint.

Partner Jordan Fox is a well-known asbestos and mesotheliomaattorney who has been named to the Best Lawyers in America, NewYork Magazine's "Best Lawyers in the New York Area" and to SuperLawyers. On two separate occasions his verdicts were featured asthe National Law Journal's Largest Verdict of the Year.

Belluck & Fox, LLP, recently won a coveted spot on a list ofAmerica's best law firms for the second consecutive year. Thelist is published jointly by U.S. News & World Report and BestLawyers magazine.

The firm's New York City office is located at 546 Fifth Ave, 4thFloor, New York, NY 10036 (local phone (212) 681-1575). For moreinformation, contact the firm at 877-MESOTHELIOMA (637-6843) orthrough its online contact form.

On Sept. 15, Judge Robreno held a hearing on the Motion to Vacate.John Herrick -- jherrick@motleyrice.com -- and Nate Finch --nfinch@motleyrice.com -- argued the matter on behalf of thePlaintiffs. The hearing lasted about an hour and a half. In anunusual move, Judge Robreno ruled from the bench, according to Mr.Placitella.

"We are happy to report that Judge Robreno vacated the dismissalof the over 1,600 MARDOC cases. Great Work by these fine lawyersto give these clients justice back," Mr. Placitella says.

ASBESTOS UPDATE: Abatement of Old Uluru Motel Site Underway-----------------------------------------------------------ABC News reports that the caretakers of Uluru Kata-Tjuta NationalPark have begun a project to remove all asbestos from the region.

A federal study found exposed asbestos at the site of the oldUluru Motel, which was bulldozed more than 25 years ago, and insome of the ranger accommodation.

"The old Uluru motel site has had a few small pieces of oldsheeting found on the surface of the ground," park manager AndrewDavies said.

"So the contractor's job will also be to go through that area andconduct a further survey and remove any asbestos that's found onthe surface."

He says the asbestos has been deemed safe where it is, but it isbeing removed as a precaution.

"We're just doing the best possible thing that we can do by ourstaff by removing it from houses and anywhere that we can findit," he said.

"There was no asbestos found in any of our visitor sites so theywere all deemed safe already."

ASBESTOS UPDATE: Ex-Town Tailors Worker's Widower Pleas for Info----------------------------------------------------------------Pontefract and Castleford Express reports that a heartbrokenhusband is urging former employees of a Castleford tailors to comeforward after his wife died of asbestos-related cancer.

Tailoress June Preston, who died from mesothelioma in March, aged67, believed she came into contact with the deadly dust whileworking at Service Tailoring Co -- better known as Town Tailors.

Her widower, Robert, 72, is now urging her former colleagues, oranyone who worked at the company in the 1960s, to come forwardwith information about working conditions at the factory.

Mr. Preston said: "It's an absolute travesty that June's life wascut short because she was exposed to asbestos four decades ago.

"It was absolutely devastating and to think it happened so longago and that nothing could be done about it was agonizing.

"We just hope this case can provide some answers for our family."

Mrs. Preston -- the aunt of former Featherstone Rovers' playerChris Bibb -- joined Town Tailors after leaving school in 1961 atthe age of 15.

The grandmother-of-three left the factory at 21 but her solicitorsIrwin Mitchell say during her time at the Coronation Mills-basedfactory, she worked close to the presses which were powered bysteam pipes lagged with asbestos insulation.

They claim the pipes were not maintained and the dust which cameoff was swept up daily, allowing the toxic particles tocontaminate the air.

Ian Toft, a partner in the industrial illness team for IrwinMitchell, said: "Mesothelioma is an incurable disease and thesymptoms often don't strike until several decades after beingexposed to asbestos dust.

"Although this case can't bring June back, it will provide somejustice for her family and help highlight the importance ofworkplace safety.

"If anybody remembers working with June in the 1960s or believesthey have information about conditions at Town Tailors during thattime, we urge them to come forward with information."

ASBESTOS UPDATE: Balcorp Says Work to Reopen Jeffrey Mine Goes On-----------------------------------------------------------------Monique Beaudin of The Montreal Gazette reports that the companyplanning to reopen Quebec's only asbestos mine says Ottawa'sdecision to stop opposing the addition of asbestos to aninternational hazardous-substances list will not stop the mine'srelaunch next spring.

And despite a promise by the Parti Quebecois to cancel a$58-million loan to reopen the Jeffrey Mine in Asbestos, a companyspokesperson said work to prepare the mine to reopen iscontinuing.

"The status remains unchanged as far as the mine is concerned,"said Guy Versailles, a spokesman for Balcorp Ltd., part of aconsortium of investors in the mine.

The mine received the loan in June, and at least $7 million hasbeen disbursed, Versailles said.

Adding asbestos to the hazardous-substances list under the UnitedNations Rotterdam Convention would require exporting countries toinform importing countries about the hazards of using it, and toinclude safe-handling and proper precautionary measures.

For asbestos to be added to the list, all the countries that havesigned the convention -- more than 140 -- would have to agree.Canada was not the only country to oppose the inclusion ofasbestos, Versailles said in an interview Monday, Sept. 17.

Other asbestos producers include Russia, China and Brazil.

Although other countries could try to block the addition ofasbestos, it is Canada that has worked hardest to prevent thatfrom happening, said Kathleen Ruff, a human-rights adviser to theRideau Institute.

The next meeting of the convention is scheduled for June in Rome.

Ruff, a longtime anti-asbestos activist, said she expects othercountries to drop their opposition because the pressure frominternational health and environmental organizations is so strong.

Asbestos has been produced in Quebec's Eastern Townships regionfor more than a century. But the health risks associated with it-- including mesothelioma, lung cancer and asbestosis -- have ledfor calls for a ban on its production. Asbestos use is alreadybanned in more than 50 countries.

Ottawa decided to stop fighting the hazardous-substance inclusion,and invest $50 million in economic diversification in the regionbecause of promises made by the PQ during the election campaign.

Premier-elect Pauline Marois had promised to cancel the loan anduse the $58 million for economic development in the region aroundthe town of Asbestos. Marois also said the PQ would establish aparliamentary commission to consult experts and people affected bythe industry.

A party spokesperson said on Sept. 17 that the PQ has "taken note"of Ottawa's decision and that it will be part of the discussion atthe parliamentary commission.

Ruff praised Ottawa and Marois for saying the party will invest ineconomic diversification.

"For the first time ever we have some really promising elements tobuild a viable, sustainable economic base for the town ofAsbestos," she said.

One of the last acts of former premier Jean Charest's Liberalgovernment was to okay the $58-million loan. It was announced byformer Richmond MNA Yvon ValliŠres, whose daughter, KarineValliŠres, was elected in the Sept. 4 election, beating her PQopponent by 269 votes.

ASBESTOS UPDATE: Asbestos Laws Among Top Environmental Successes----------------------------------------------------------------Tom Randall and Eric Roston for Bloomberg's The World's TopEnvironmental Success Stories, relate that the first medicalarticle about the dangers of asbestos was published in the BritishMedical Journal in 1924. It led to regulations that controlleddust emissions from U.K. factories. Four decades passed beforescientists confirmed just how inadequate those restrictions were.

Asbestos is actually a name for six mined substances used inmanufacturing for their durability and heat resistance. Asbestosparticles break away and are easily inhaled into the lungs, wherethey can lead to fatal diseases including lung cancer andmesothelioma. Studies in the 1960s confirmed that the riskextended from the factory floor to suburban homes, where asbestosconstruction materials and brake pads were ubiquitous.

Lawsuits in the 1970s revealed that corporations knew about therisks for decades and concealed them from the public. Most of thecompanies that mined or used asbestos have since gone bankrupt,after billions of dollars in litigation losses. Even with strictregulations now in place across much of the world, researchers saydeaths from past exposures will continue well into the 21stcentury.

ASBESTOS UPDATE: Four Asbestos Cases Added in St. Clair's Docket----------------------------------------------------------------Kelly Holleran of The Madison / St. Clair Record reports that onWednesday, Sept. 19, the Illinois Supreme Court was scheduled tohear arguments in Walter Fennell v. Illinois Central Railroad Co.,a case arising from St. Clair County that deals with the doctrineof forum non conveniens.

At issue in the case is whether St. Clair County Judge Lloyd Cuetoerred in denying Illinois Central's motion to dismiss for forumafter determining the railroad company failed to show that factorsfavored a Mississippi forum.

In the meantime, more suits have been added St. Clair County'sasbestos docket.

Lynn Torres filed an asbestos lawsuit in St. Clair County CircuitCourt on Aug. 24 against 33 defendant corporations.

Torres will be represented by Randy L. Gori and Barry Julian ofGori, Julian and Associates in Edwardsville.

In his complaint, Torres alleges the defendant companies causedhim to develop lung cancer after his exposure to asbestos-containing products throughout his career.

The complaint does not indicate where Torres resides; however, itstates that he worked as a welder at Kaiser Aluminum from 1966until 1975 and at the Carpenters District Council for anunspecified amount of time.

The defendants should have known of the harmful effects ofasbestos, but failed to exercise reasonable care and caution forthe plaintiff's safety, the suit states.

As a result of his asbestos-related disease, Torres becamedisabled and disfigured, incurred medical costs and suffered greatphysical pain and mental anguish, the complaint says. Inaddition, he became prevented from pursuing his normal course ofemployment and, as a result, lost large sums of money that wouldhave accrued to him, he claims.

In his five-count complaint, Torres is seeking a judgment of morethan $50,000, compensatory damages of more than $100,000, punitiveand exemplary damages of more than $100,000 and punitive damagesin an amount sufficient to prevent the defendants from performingsimilar conduct in the future, plus other relief the court deemsjust.

St. Clair County Circuit Court case number: 12-L-443.

James Mahan filed an asbestos lawsuit in St. Clair County CircuitCourt on Aug. 7 against 48 defendant corporations.

Mahan will be represented by Randy L. Gori and Barry Julian ofGori, Julian and Associates in Edwardsville.

In his complaint, Mahan alleges the defendant companies caused himto develop lung cancer after his exposure to asbestos-containingproducts throughout his career.

The complaint does not indicate where Mahan resides, however itstates that he worked as a submarine maintenance worker from 1954until 1957, as a nursing assistant at the VA Hospital from 1958until 1980 and from 1980 until 1983 as a maintenance man for theNorth Little Rock Housing Authority, according to the complaint.

The defendants should have known of the harmful effects ofasbestos, but failed to exercise reasonable care and caution forthe plaintiff's safety, the suit states.

As a result of his asbestos-related disease, Mahan became disabledand disfigured, incurred medical costs and suffered great physicalpain and mental anguish, the complaint says. In addition, hebecame prevented from pursuing his normal course of employmentand, as a result, lost large sums of money that would have accruedto him, he claims.

In his five-count complaint, Mahan is seeking a judgment of morethan $50,000, compensatory damages of more than $100,000, punitiveand exemplary damages of more than $100,000 and punitive damagesin an amount sufficient to punish the defendants, plus otherrelief the court deems just.

St. Clair County Circuit Court case number: 12-L-408.

Two other asbestos suits were filed in June and July in St. ClairCounty.

Raymond and Deana Griggs filed suit on June 19 against 44defendant corporations while Herman and Dorothy Leamons filed acomplaint July 10 against 77 defendant corporations. Neither theGriggs nor the Leamons specify where they currently reside.

Both plaintiffs will also be represented by Randy L. Gori andBarry Julian of Gori, Julian and Associates in Edwardsville.

In their complaint, the Griggs and the Leamons allege thedefendant companies caused Raymond Griggs and Herman Leamons todevelop lung cancer and colon cancer, respectively, after theirexposure to asbestos-containing products throughout their careers.

The complaint states that Raymond Griggs worked as a miner,operator and maintenance worker from 1974 until 1984.

Herman Leamons worked as a member of the PPF/UA Plumbers and PipeFitters Union Local 706 out of Arkansas and worked as a pipefitterat Ace Supply Company from 1970 until 1977, according to thecomplaint.

The defendants should have known of the harmful effects ofasbestos, but failed to exercise reasonable care and caution forthe plaintiff's safety, the suit states.

As a result of their asbestos-related diseases, Raymond Griggs andHerman Leamons became disabled and disfigured, incurred medicalcosts and suffered great physical pain and mental anguish, thecomplaint says. In addition, they became prevented from pursuingtheir normal courses of employment and, as a result, lost largesums of money that would have accrued to them, they claim.

In their complaint, the Griggs are seeking a judgment of more than$100,000, compensatory damages of more than $100,000, economicdamages of more than $150,000 and punitive and exemplary damagesof more than $100,000, plus other relief the court deems just.

In their complaint, the Leamons are seeking a judgment of morethan $150,000, punitive and exemplary damages of more than$100,000, economic damages of more than $100,000, compensatorydamages of more than $100,000 and punitive damages in an amountsufficient to punish the defendants and to prevent them fromcommitting the same actions again.

St. Clair County Circuit Court case numbers: 12-L-327, 12-L-352.

ASBESTOS UPDATE: Reported Toxic Dump at Carlton Park Removed------------------------------------------------------------Trader & Guardian at retfordtoday.co.uk reports that childrenusing a play area in Carlton have been using discarded asbestos tomake dens according to one worried resident.

Concerned Steve Ferguson contacted the Guardian after BassetlawCouncil failed to remove it despite him making two phone calls.

"My wife first noticed the asbestos that had been dumped behindthe children's play park behind the Beckett Avenue Post Office 10days ago," said Mr. Ferguson.

"It has got all broken and smashed up because the children aremoving it and have started playing with it and using it to makedens."

Mr. Ferguson said they were so concerned that his wife reportedthe asbestos to Environmental Health at the council straight away.

"But then when we checked it was still there on Friday, Sept. 14so we called and spoke to them again," he said.

"They seemed to take ages trying to find the previous request wehad made, and eventually they told me that it was someone in parksand gardens I needed to speak to."

"I was told it is difficult to move and they have to takeprecautions, meanwhile the children are still playing with it."

"It's getting smashed up even more the more they play with it andit is dangerous for them," he added.

A spokesman for Bassetlaw Council said the authority only have arecord of one phone call being made by the Fergusons about theasbestos -- the one made on Friday, Sept. 14.

The council also believes that the asbestos had been there forsome considerable time, rather than being newly dumped when theFergusons spotted it.

"We received a report from a member of the public of some cementbonded corrugated asbestos sheets having been fly-tipped in theundergrowth at the back of the old allotment site on Oxford Roadin Carlton," he continued.

"An officer with specialist asbestos training attended the sceneat the earliest opportunity and following a rigorous assessmentthe dumped materials were immediately removed."

"It was clear that the cement bonded asbestos, which is a low riskcategory had been in situ for a number of years, the sheets werenon fibrous and there was no evidence of asbestos dust."

"We are very grateful to the residents who reported this to thecouncil," he added.

It costs the council around GBP100,000 a year to clear up flytipped waste and dispose of it -- a cost passed on to localtaxpayers and landowners.

The Bowery Boogie were alerted a few weeks ago to new DOB permitsthat indicated renovations in additional apartments did notrequire related asbestos abatement "as defined in the regulationsof the NYC Department of Environmental Protection." False. EMSLAnalytical Inc. -- an independent third party tester -- was hiredto conduct an examination of the debris being swept around thepremises. Their results showed contamination "above Federal EPARecommended limit" at 50% Chrysotile.

In the ensuing period, the DEP arrived onsite and set up camp E.T.style with plastic drapes and space suits. The city agencyreportedly discovered concentrations of asbestos all over the topfloors, which resulted in an immediate stop work order on theproperty (from DEP, not DOB).

Contractor grunts have been sweeping the deadly debris from thefloors without intervention until now. Tenants who've had dustblow through their windows are furious at the alleged mishandlingof abatement, having breathed full-levels of asbestos for weeks.One resident sent a barbed letter to the landlord asking why noone was alerted to the toxic situation for weeks. Especiallygiven that most cleanup was conducted "with an open doorwayleading directly into the public hallway with dust covering thefloor being tracked through the hallways and subsequently intotenants' apartments." To make matters worse, this person inparticular "had my ceiling cave in and my entire apartment coveredin dust and debris."

And the response -- a middle-of-the-road statement saying thelandlord is "extremely sensitive" to the well-being of tenantswith "full permits and supervision of appropriate governmentalbodies" in place.

ASBESTOS UPDATE: Kin Plea to Ex-Electrician's Peers for Info------------------------------------------------------------Martin Bagot of The Coventry Telegraph reports that relatives of aCoventry electrician are launching a legal claim after he diedfrom asbestos-related cancer.

The family of Frank Parker, of Oxendon Way, Ernesford Grange, hasteamed up with lawyers to search out any former colleagues who mayhave suffered from the same illness.

Frank died of mesothelioma last June aged 73.

He worked for Massey Ferguson from 1974 until he retired in 1990.

Lesley Mynett, a specialist industrial disease lawyer with FentonsSolicitors LLP, has taken on the family's case.

She said: "Mr. Parker sadly died before he was able to tell usabout all the times he had worked with asbestos over the years.

"We're hoping his former colleagues will be able to provide theinformation his family needs in their fight.

"We have so far learned that as an electrician at Massey Ferguson,Mr. Parker would be part of the team carrying out maintenanceduring the factory's regular shutdowns each year.

"We believe during these shutdowns, Mr. Parker would undertakerewiring work in the roof area.

"He would be working alongside plumbers and engineers who would becarrying out repairs to pipe work which was ageing and in need ofmaintenance.

"Their work would involve removing the old asbestos lagging fromthis and carrying out maintenance, before it would then be re-lagged."

Frank also worked at Lee Beesley in the city from 1952 to the mid-1960s, either side of a stint in the National Service.

He then worked at Abbey Panels in Exhall before moving to MasseyFerguson.

Frank retired from Massey to care for his wife Shirley-Ann, whodied from a lengthy illness in 1993.

Mr. Parker's son and daughter-in-law Graham and Adrienne are nowappealing for others who may have worked in similar conditions tocome forward.

Adrienne said: "Graham and I spent a lot of time with Frank afterShirley-Ann passed.

"When he fell ill himself, one of the doctors said thatmesothelioma was caused by exposure to asbestos. But Frank diedbefore he was able to bring a claim against his employers."

He asked the assembled potential jurors if the jury has a problemwith that. One female juror admitted she did.

Plaintiff Robert Kreimer and his wife, Margie Kreimer, of Cleves,Ohio, filed suit against more than 50 defendant companies when hebecame aware of his mesothelioma, an asbestos-induced disease, onNov. 11, 2010. The complaint does not indicate Robert Kreimer'sbirth date, only that he was born in 1935, making him 76 of 77years of age.

Crane Co. attorney Clifton Hutchinson --Cliff.Hutchinson@klgates.com -- of Dallas described the case tojurors as an individual bringing a claim against a corporation.

He asked if anyone has had a bad experience with a big company; heasked if anyone had left a position in a company because they weretreated unfairly. He also asked if any jurors believed if anyamount of asbestos, one fiber or one CC of asbestos causes aninjury.

"Who believes that injured people should get something?"Hutchinson asked.

A female juror told him it would be hard for her to listen totestimony; another female juror admitted she couldn't be fair.

Another juror said, "People say Madison County has a lot oflawsuits."

A female juror said big companies bring profits first and can't betrusted to do the right thing.

"Money is the root of all evil, and a lot of people will doanything for money," she said.

"Mesothelioma is a completely separate cancer. If you're notexposed to asbestos, you don't get mesothelioma. We're justtrying to get a fair jury.

"Is everyone able to listen to what this case is about?"

Von Oiste explained he would ask the jury to evaluate what hisclient has been going through.

"I think a good many of you wrote there's too many lawsuits," vonOiste said in reference to what the jurors put in their juryquestionnaire.

"My client is asking for money," von Oiste said. "He can't askfor his health back. He can only ask for money."

Von Oiste asked the jury if they could follow what the judge tellsthem.

"You listen to the evidence," he said. "We all start in the sameplace. That judge is going to tell you what the law is, andyou're going to listen to the facts."

Von Oiste told a male juror he was "the wrong guy for the case."

"I appreciate your honesty," von Oiste said.

He asked another juror if she thought it was wrong to sue, sinceshe was involved in an accident and chose not to sue.

One of the jurors, a research scientist with teaching experience,told von Oiste he could sit on a jury and be fair and impartial.

The lawsuit states that the plaintiff's exposure to asbestosfibers should have been anticipated by the defendants. Thelawsuit also states that defendants agreed and "conspired amongthemselves" and with other asbestos manufacturers, distributors,and trade organizations, to injure the plaintiff.

The manufacturers, sellers, suppliers and premises owners acted inconcert with insurers such as Travelers and Liberty Mutual andothers, including the Johns-Manville Corp., Raymark Industries,Inc., Celotex Corp. and its predecessors with the intent todeceive and misinform decedents, the suit states.

Evidence destroyed includes preliminary reports of toxicology andepidemiology studies, records of meetings between the agents andemployees of the alleged conspirators, including those conductedunder the auspices of trade associations and records of plant andpremise inspections reporting asbestos and other hazards, the suitstates.

According to his web site, von Oiste, a partner at Karst & vonOiste, has more than $170 million in jury verdicts, including $110million in Powers vs. A.O. Smith Corporation; $36 million inMartin vs. Robert Keasbey Corporation; $18.5 million in Penn vs.Kerr Corporation; and $5 million in Wallace vs. York Corporation.

He has worked exclusively in the area of asbestos litigation hisentire legal career, his site claims.

Asbestos lawsuits typically names dozens of corporations asdefendants, and many settle or are dismissed prior to trial.

And, trials in the nation's largest asbestos docket are extremelyrare. The last one in Madison County occurred in March 2010 in acase against Ford Motor Co. and ended in a defense verdict.

Attorneys for the plaintiffs had asked for more than $14 millionin damages.

Ford was sued along with a number of other brake manufacturers forallegedly selling products that caused a Chicago man'smesothelioma.

The case is Madison County case number 10-L-1256.

ASBESTOS UPDATE: OCAPIC Seeks to Intervene in Garlock Lawsuit-------------------------------------------------------------John O'brien of Legal Newsline reports that a group of lawyersrepresenting asbestos claimants has come forward to support a lawfirm accused of fraud by Garlock Sealing Technologies.

Earlier this month, the Official Committee of Asbestos PersonalInjury Claimants (OCAPIC)asked a federal judge to let it intervenein proceedings initiated by Garlock in June. The company accusesthe Houston law firm Williams Kherkher Hart Boundas of makinginconsistent claims about the origin of a client's mesothelioma.

The claimants' committee says Garlock has attempted to makesimilar claims since its bankruptcy proceedings began in 2010.

"The fraud allegations that Garlock . . . raise(s) here clearlyhave bearing on the issues being litigated in the proceeding toestimate Garlock's asbestos liabilities in the aggregate," thecommittee's motion says.

"Such allegations are part and parcel of Garlock's largerobjectives in the estimation case to trump its settlement history,to develop a new way of valuing its asbestos liability, to oustthe non-bankruptcy courts that typically administer the tort laws,and to come out smelling like a rose in comparison to the $1.8billion it paid before bankruptcy for the defense and payment ofasbestos claims . . ."

Garlock is one of more than 60 asbestos defendants to have createda bankruptcy trust. Injured individuals submit claims to thetrusts for compensation, but file lawsuits against still-solventdefendants.

Williams Kherkher sued Garlock in 2008 in a Texas state court,alleging that Phillips' illness was caused by a rare type ofasbestos (crocidolite) that came solely from Garlock's products,the company claims, at the same time it was pursuing claimsagainst a manufacturer of products that contained the same type ofasbestos.

Garlock says it was induced to enter into a far larger settlementthan it would have paid. In Texas, juries can allocate apercentage of liability to responsible third parties.

Phillips worked at Triplex, a company that sold parts thatcontained asbestos, from 1966-68, but no records still existdetailing the company's inventory then.

The company claims the firm could have asserted Johns-Manville'sasbestos-containing gaskets were to blame, but Johns-Manville hadalready filed for bankruptcy. More than 90 companies havedeclared bankruptcy from asbestos litigation, and more than 60bankruptcy trusts have been established to pay out claims.

The claimants' committee is a group of plaintiffs with pendingclaims against Garlock. Attorney Trevor Swett of Caplin &Drysdale -- tswett@capdale.com -- in Washington, D.C., filed themotion Sept. 6.

Garlock wrote in its complaint that Williams Kherkher attorneystold two different stories about its client's exposure history.

"(The lawyers) repeatedly signed responses to requests forinformation about their client's claim against Garlock bydescribing a history of exposure to asbestos products that did notinclude exposure to the products of (CAPCO)," Garlock's complaintsays.

"The lawyers had reason to believe that telling two differentstories would succeed because their ballots would not be readilyavailable to the public and their bankruptcy trust claims, whenmade, would be kept confidential."

Garlock obtained copies of ballots cast on plans of reorganizationin certain bankruptcy cases in April. They showed that a WilliamsKherkher attorney certified that Phillips held a claim againstASARCO, the owner of CAPCO.

A second ballot cast in 2009 after a settlement with Garlockshowed Phillips had a claim against CAPCO in which he listed adisease level that required evidence of exposure to productsmined, manufacture, sold, supplied, produced, specified, selected,distributed or marketed by CAPCO or ASARCO, the company says.

"Garlock is informed and believes that the firm knew aboutPhillips' exposure to CAPCO products during 2008-09 when itresponded to or supplemented Garlock's discovery," the complaintsays, "and failed to disclose such exposure to Garlock because itwould decrease the value of the claims against Garlock."

Garlock called the current status of bankruptcy claims and civillawsuits "a two-track system that is rife with potential forabuse."

ASBESTOS UPDATE: Fibro Find Closes McAllen High School Gym----------------------------------------------------------Andrew Kreighbaum of The Monitor reports that the McAllen schooldistrict sent a letter to McAllen High School parents Monday,Sept. 17 notifying them of asbestos discovered under the flooringof the school's gym. Although no health risk was found, theschool district is closing the gym to students and employees.

A private contractor is conducting construction work on the gym torepair hail damage from a March 29 storm.

Workers found a potential problem Friday, Sept. 14 and testresults returned Saturday, Sept. 15 showed material under theflooring contained 2% asbestos. The letter to parents said theproblem was isolated to the plastic lining under the gym floor.

Subsequent air quality tests performed overnight Saturday showedthat the air is clean both in the gym and surrounding areas.

Water leaked from the roof after the March storm, causing warpingin the gym floor. The school has not used the gym for any eventssince then.

District spokesman Mark May said costs of abatement work are stillunknown but the construction is still expected to be completed bymid- to late November.

The abatement process should be completed within the next fewweeks, according to the letter to parents. Meanwhile, the gymwill be sealed off to both students and staff.

ASBESTOS UPDATE: Yarway Corp, 70 Others Face Lawsuit----------------------------------------------------Kyla Asbury of The West Virginia Record reports that a SouthShore, Ky., couple is suing 71 companies they claim areresponsible for an esophageal cancer diagnosis.

On Aug. 23, 2011, James D. Holbrook was diagnosed with esophagealcancer, according to a complaint filed Aug. 21 in Kanawha CircuitCourt.

Holbrook and his wife, Guyneth Marie Holbrook, claim the 71defendants are responsible for the cancer because he was exposedto asbestos during his employment as a laborer and worker from1956 until 1987.

The defendants are being sued based on theories of negligence,contaminated buildings, breach of expressed/implied warranty,strict liability, intentional tort, conspiracy, misrepresentationsand post-sale duty to warn, according to the suit.

The Holbrooks claim James Holbrook smoked one-half to one pack ofcigarettes per day from 1947 until 1972, but has since quit.

Certain defendants are also being sued as premises owners and asJames Holbrook's employers for deliberate intent/intentional tort,according to the suit.

The Holbrooks are seeking a jury trial to resolve all issuesinvolved. They are being represented by Bronwyn I. Rinehart --brinehart@jfhumphreys.com

ASBESTOS UPDATE: 5K Fund Run for Former New London Firefighter--------------------------------------------------------------Julianne Hanckel of theday.com reports that as a lifetime careerfirefighter with the New London Fire Department and a strongcommunity influence in Waterford, Gary Batch was known throughoutboth communities for his dedication to public service.

When he was diagnosed in September 2009 with mesothelioma, acancer caused by an exposure to asbestos, his family knew time wasof the essence. The lining in Batch's left lung was removed, andhe underwent radiation and chemotherapy treatments. He died inJanuary 2011.

"It's pretty much a death sentence," his son, Jason Batch, said onTuesday, Sept. 18. "There is no cure. It takes about 30 or 40years to become a cancer, so by the time you're diagnosed, it'snot until stage three or four."

To recognize his service to the community, the Gary Batch 5KWalk/Run will be held at Waterford Beach Park. All proceeds fromthe race will go to the Mesothelioma Applied Research Foundation.

So far, around $7,000 has been raised through registration ordonations for the race.

"Pretty much right after he passed, my family started to become alittle bit more involved in what mesothelioma is, because it's sorare," said Jason Batch, who lives in Monroe.

He said about 3,000 cases arise each year and few U.S. doctorsspecialize in treating the cancer.

"My dad had three main jobs right out of high school, and in allthree of them, he was exposed to asbestos," Batch said.

His father served in the U.S. Navy and was stationed on asubmarine for three years, then worked as a pipefitter at ElectricBoat for 2« years before beginning his firefighting career.

"Some of their gear was actually lined with asbestos because itwas a fire retardant, but there is no real way to pinpoint whereit came from. There isn't one easy place to look," Batch said.

Sept. 26 is the second annual National Mesothelioma Awareness Day.

ASBESTOS UPDATE: Bedford Seeks Grant to Demolish Water Plant------------------------------------------------------------wbiw.com reports that demolishing old structures can proveexpensive.

Bedford's outdated water plant on the west side of M Street hasbeen vacant since 2000, is in a state of disrepair, and harborsenvironmental issues that must be addressed.

Asbestos is among the materials that must be removed.

A public meeting was held at the Board of Works meeting Sept. 17afternoon to address concerns the public might have.

There were none.

Utilities Director Misty Adams says the site has become unsafe andis a target for vandals.

"It has been vacated since 2000," Adam says. "There is a milliongallon water tank inside and we can no longer secure thebuilding."

"It will be competitive, but if we don't apply we will not getit," Carter told the board. "So we need to give it our bestshot."

Carter estimated the cost of demolition at approximately $197,000.The city would be responsible for 10% of the costs, if the cityreceives the grant.

ASBESTOS UPDATE: 3rd Cir. Reverses Reinsurance Ruling v. Global---------------------------------------------------------------Buffalo Forge Company, a manufacturing company, was inundated invarious asbestos-related lawsuits in the 1990s. After exhaustingits primary policy issued purchased from Utica Mutual InsuranceCompany, Buffalo Forge notified Pacific Employees InsuranceCompany, in 2001, of the asbestos-related lawsuits and claims.PEIC purchased reinsurance certificates from several reinsurers,including Constitution Reinsurance Corporation, now know as GlobalReinsurance Corporation of America. PEIC then instructed itsbrokers to inform the reinsurers of the developments in BuffaloForge's cases. The broker, however, failed to update thereinsurers of the developments.

In 2009, PEIC sued Global for breach of contract, seeking $559,072and a declaration of rights. Global denied liability and asked adistrict court to declare that it has no liability under theCertificate because PEIC failed to satisfy a paragraph statingthat "As a condition precedent, the Company [i.e., PEIC] shallpromptly provide the Reinsurer [i.e., Constitution, now Global]with a definitive statement of loss on any claim or occurrencereported to the Company and brought under this Certificate whichinvolves a death, serious injury or lawsuit." The District Courtfound that the provision unambiguously requires PEIC to provideGlobal with a definitive statement of loss ("DSOL") promptly afterBuffalo Forge reports a claim or occurrence involving a death,serious injury, or lawsuit to PEIC under the excess policy. TheDistrict Court also ruled that New York law applied to the DSOLprovision. The District Court then denied Global's summaryjudgment motion and directed PEIC to seek the amount for breach ofcontract.

PEIC appeals from the District Court's interpretation of the DSOLprovision and the Court's limit-of-liability ruling. Globalchallenges the District Court's prediction of Pennsylvania law andits choice-of-law analysis.

In an opinion dated September 7, 2012, the United States Court ofAppeals for the Third Circuit, agreed with the District Court byholding that, reading the DSOL provision in the context of theentire Certificate, it is fairly susceptible to only onereasonable interpretation: PEIC must provide Global with a DSOL ona subset of claims or occurrences, specifically those that involvea death, serious injury or lawsuit. The Third Circuit ruled thatPEIC must provide the DSOL promptly after someone reports a claimor occurrence to PEIC, and not promptly after PEIC demandsindemnity from Global. If PEIC dawdles, the consequences can besevere, the Third Circuit said, pointing out that PEIC'scompliance with the provision is a condition precedent to Global'sduty to reinsure -- that is, its duty to make indemnity paymentsrelating to the underlying claim or occurrence -- and not merelyits duty to make such payments promptly.

The Third Circuit, however, held that the DSOL provision isenforceable as written. The Third Circuit used the New York lawas choice-of-law analysis, not Pennsylvania law. The ThirdCircuit explained that under New York law, when a reinsurancecontract expressly requires a reinsured to provide its reinsurerwith prompt notice of a claim or occurrence as a conditionprecedent to coverage and the reinsured fails to do so, thatfailure excuses the reinsurer from its duty to perform, regardlesswhether the reinsurer suffered prejudice as a result of the latenotice. For the reasons stated, and after finding that no genuineissue of material fact remains, the Third Circuit reversed theDistrict Court's Final Order and Judgment and remanded withinstructions that it enter a judgment of non-liability in Global'sfavor.

Plaintiff filed a pro se action while incarcerated at KentuckyState Reformatory against defendants LaDonna Thompson, et al.,alleging, among other things, that while he was on work detail, hewas exposed to "Friable Asbestos and Lead Paint/Dust and Fumes"without proper working materials.

Judge Heyburn dismissed sustained the defendants' summary judgmentmotion after determining that Plaintiff's medical history andresults of his diagnostic tests did not indicate that he wasexposed to asbestos or that he contracted any disease as a resultof his exposure to asbestos.

Metallo, a manufacturer of custom made gaskets, shims, diaphragms,washers, and tower packings, purchased a general commercialliability policy from Arrowood. Beginning in 1981, Metallo begantendering claims of bodily injury or personal injury allegedlycaused by exposure to asbestos-containing products it manufacturedand distributed. In 2001, the parties entered into a non-waiveragreement with respect to the underlying claims in which Arrowoodreserved the right to withdraw its defense and seek reimbursementfor legal fees. In 2009, Arrowood filed a complaint seekingreimbursement for the portion of the monies it paid for defenseand indemnity costs incurred and paid from February 7, 2009,through February 16, 2012.

Judge Thompson ruled that Metallo should be allowed to deposeArrowood's experts and submit a rebuttal for the Court'sconsideration. Specifically, the Court believes that it would bein the interest of justice to afford Metallo an opportunity torebut Arrowood's proposed allocation model and submit its ownwell-supported calculations of the amounts it owed to Arrowood.

As of the Petition Date, the CFB and WFB Debtors were subject tothousands of asbestos-related personal injury claims assertingmillions of dollars of liabilities. Over 1,300 claims were filedagainst the Debtors prior to the Feb. 19, 2002 claims bar date.Among these claims were claims filed by law firms that each fileda single claim on behalf of hundreds of claimants. As a result,on or before the Bar Date, the Debtors received claims filed by,or on behalf of, more than 20,000 holders of Asbestos Claims.

On June 4, 2012, the Bankruptcy Court entered an orderestablishing a supplemental bar date of July 16, 2012, for anyclaimant holding an Asbestos Claim who was unaware of thecondition(s) giving rise to his or her claim on or before Feb. 19,2002. The CFB and WFB Debtors received over 700 additional claimsprior to the Supplemental Bar Date.

The cornerstones of the CFB and WFB Debtors' Plan are:

(i) the creation of a liquidating trust, to which all of theso-called Class 3 Bar Date Asbestos Personal Injury Claims, andall so-called Class 4 Supplemental Bar Date Asbestos PersonalInjury Claims against the Debtors will be channeled for resolutionand payment, and

(ii) the proposed insurance policy buyback settlementtransactions with four insurance carriers which will provide morethan $16 million from which the Liquidating Trust can funddistributions to holders of Trust Claims.

The Plan also includes a settlement option granted in favor of afifth insurer, Continental Casualty Company, pursuant to whichContinental may elect, at any time prior to the Effective Date ofthe Plan, to enter into an insurance policy buyback and settlementtransaction similar in form to the Debtors' Insurance Settlements,in exchange for the payment of 100% of remaining policy limits.

On Sept. 18, 2002, the Bankruptcy Court approved the appointmentof Bradley L. Sharp as Responsible Individual for the chapter 11estates of each of the CFB and WFB Debtors and the NationalRefractories Debtors. Mr. Sharp has continued in that capacitythroughout the duration of the Debtors' cases.

Following his appointment, Mr. Sharp pursued the sale of theoperating assets of the CFB and WFB Debtors and the NationalRefractories Debtors. After substantial marketing efforts, Mr.Sharp completed sales of those assets in late 2002 and early 2003.

Following the Asset Sales, the CFB and WFB Debtors and NationalRefractories Debtors possessed few remaining assets, consistingprimarily of the proceeds from the Asset Sales and certaininsurance policies that provide coverage for Asbestos Claims thathave been asserted against CFB.

On Dec. 15, 2006, the CFB and WFB Debtors and NationalRefractories Debtors sought Court authority to wind down theirestates by making pro rata distributions from available assets toadministrative expense claimants, designating a service agent forcomplaints against the Debtors asserting Asbestos Claims and,thereafter, dismissing their bankruptcy cases. On Jan. 4, 2007,the Bankruptcy Court authorized the CFB and WFB Debtors and theNational Refractories Debtors to make pro-rata distributions toholders of allowed administrative claims.

After CFB filed its own proposed chapter 11 plan in 2009 andreceived objections to that plan, the CFB and WFB Debtors filedthe modified liquidating Plan on June 1, 2012.

The Plan requires all holders of Trust Claims to file a claim formwith the Liquidating Trust, together with supportingdocumentation, as required by the Debtors' proposed LiquidatingTrust Distribution Procedures. The Liquidating Trust shallresolve and pay the Trust Claims in accordance with the TDP.

The Liquidating Trust will be funded from the proceeds of theinsurance settlements incorporated into the Plan and the proceedsfrom the Debtors' additional claims and rights against non-settling insurers. Because the Debtors lack assets unrelated totheir insurance rights, unsecured trade creditors will not receiveany payment on account of their claims.

Based on the votes cast in favor of the Plan by the Class 3 andClass 4 Claimants who voted and the assigned value of the claimsunderlying such ballots, the Plan has received sufficient votes tohave been accepted by holders of not less than two-thirds (2/3) inamount and one-half (1/2) in number of Class 3 Bar Date AsbestosPersonal Injury Claims, and at least two-thirds in amount and one-half in number of Class 4 Supplemental Bar Date Asbestos PersonalInjury Claims.

Ballots were received from or on behalf of 4,374 holders of Class3 Bar Date Asbestos Personal Injury Claims. Of these ballots,100% were cast in favor of the Plan. Ballots were also receivedfrom or on behalf of 664 holders of Class 4 Supplemental Bar DateAsbestos Personal Injury Claims. Of these ballots, 100% were castin favor of the Plan.

The Plan Confirmation Order dated Sept. 10 also constitutes theCourt's approval of the Debtors' Insurance Settlements with fourinsurers:

Each of the Insurance Settlements involves the Debtors' salepursuant to 11 U.S.C. section 363(b) of the insurance policiesissued to or for the benefit of the Debtors by the particularSettling Insurer, free and clear of all liens, claims andinterests pursuant to section 363(f), with such liens, claims andinterests attaching to the proceeds thereof. Each InsuranceSettlement also contemplates the settlement and resolution of allof the Debtors' claims relating to these policies, pursuant toBankruptcy Rule 9019.

Hartford has agreed to pay $9,191,305 to repurchase the policiesit issued to, or for the benefit of the Debtors and in resolutionof all claims relating to those policies.

Bituminous has agreed to pay $1,585,394 to repurchase the policiesit issued to, or for the benefit of the Debtors and in resolutionof all claims relating to those policies.

ACE has agreed to pay $797,296 to repurchase the policies itissued to, or for the benefit of the Debtors and in resolution ofall claims relating to those policies.

Safety National has agreed to pay $4,900,000 to repurchase thepolicies it issued to, or for the benefit of the Debtors and inresolution of all claims relating to those policies.

The Debtors also have granted Continental the option at any timeprior to the Effective Date, to repurchase the policies it issuedto, or for the benefit of the Debtors and to resolve all claimsrelating to those policies in exchange for the payment of theremaining coverage limits available under those policies. Theparties have agreed that the remaining limits on those policiestotal roughly $2.56 million.

The Court finds that the Settlements constitute good and fairconsideration for the sale of the insurance policies.

A copy of the Court's Findings of Fact and Conclusions of Lawdated Sept. 10, 2012, is available at http://is.gd/rgJ9Gofrom Leagle.com.

ASBESTOS UPDATE: Ameren Continues to Defend PI Exposure Suits-------------------------------------------------------------Ameren Corporation and its subsidiaries continue to defendasbestos-related claims, according to the Company's Form 10-Qfiling with the U.S. Securities and Exchange Commission for thequarterly period ended June 30, 2012.

Ameren Corp., Union Electric Company or Ameren Missouri, AmerenIllinois Company and Electric Energy, Inc. ("EEI"), an 80%-ownedsubsidiary of Ameren Energy Generating Company ("Genco") have beennamed, along with numerous other parties, in a number of lawsuitsfiled by plaintiffs claiming varying degrees of injury fromasbestos exposure. Most have been filed in the Circuit Court ofMadison County, Illinois. The total number of defendants named ineach case varies, with as many as 272 parties named in somepending cases and as few as two in others. In the cases pending asof June 30, 2012, the average number of parties was 79.The claims filed against Ameren, Ameren Missouri and AmerenIllinois allege injury from asbestos exposure during theplaintiffs' activities at our present or former electricgenerating plants. Certain former Ameren Illinois energy centersare now owned by either Genco or AERG. As a part of the transferof energy center ownership in 2000 and 2003, Ameren Illinoiscontractually agreed to indemnify Genco and AERG, respectively,for liabilities associated with asbestos-related claims arisingfrom activities prior to each transfer. Each lawsuit seeksunspecified damages that, if awarded at trial, typically would beshared among the various defendants.

Pending asbestos-related lawsuits filed against the AmerenCompanies as of June 30, 2012:

Ameren 4 Ameren Missouri 69 Ameren Illinois 91 Genco 8

Some of the lawsuits name multiple Ameren entities as defendants.As of June 30, 2012, eight asbestos-related lawsuits were pendingagainst EEI. The general liability insurance maintained by EEIprovides coverage with respect to liabilities arising fromasbestos-related claims.

Ameren Illinois has a tariff rider which permits recovery fromcustomers within IP's historical service territory of asbestos-related litigation claims that occurred within IP's historicalservice territory. The rider can recover the costs of asbestos-related litigation claims, subject to the following terms: 90% ofcash expenditures in excess of the amount included in baseelectric rates are to be recovered from a trust fund that wasestablished when Ameren acquired IP. At June 30, 2012, the trustfund balance was $23 million, including accumulated interest. Ifcash expenditures are less than the amount in base rates, AmerenIllinois will contribute 90% of the difference to the trust fund.Once the trust fund is depleted, 90% of allowed cash expendituresin excess of base rates will be recovered through charges assessedto customers under the tariff rider.

Ameren Corporation, headquartered in St. Louis, Missouri, is apublic utility holding company under PUHCA 2005, administered byFERC. Ameren's primary assets are the common stock of itssubsidiaries. These subsidiaries operate, as the case may be,rate-regulated electric generation, transmission and distributionbusinesses, rate-regulated natural gas transmission anddistribution businesses, and merchant electric generationbusinesses in Missouri and Illinois.

ASBESTOS UPDATE: To Finish Asbestos Liabilities Review in 3Q------------------------------------------------------------American Financial Group, Inc., expects to finish its customaryin-depth internal review of its asbestos and environmentalliabilities in the third quarter of 2012, according to theCompany's Form 10-Q filing with the U.S. Securities and ExchangeCommission for the quarterly period ended June 30, 2012.

During the second quarter of 2011, AFG completed a comprehensivestudy of its asbestos and environmental exposures relating to therun-off operations of its property and casualty group and itsexposures related to former railroad and manufacturing operationsand sites.

As a result of the 2011 study, AFG recorded a $50 million specialcharge (net of reinsurance) to increase the property and casualtygroup's asbestos reserves by $28 million and its environmentalreserves by $22 million. The property and casualty group'sasbestos reserve increase related primarily to exposures onbusiness assumed from other insurers. The increase inenvironmental reserves was attributed primarily to a small numberof increases on specific environmental claims at several sites.

In addition to the property and casualty group, the 2011 studyencompassed reserves for asbestos and environmental exposures ofAFG's former railroad and manufacturing operations. As a result ofthe study, AFG recorded a $9 million special charge (included inother expenses) to increase its asbestos reserves by $3 millionand environmental reserves by $6 million.

AFG has scheduled a customary in-depth internal review of itsasbestos and environmental liabilities to be completed in thethird quarter of 2012 in order to conform to the practice of mostof its peers.

ASBESTOS UPDATE: GST Estimation Trial Tentatively Set for April---------------------------------------------------------------EnPro Industries, Inc.'s subsidiaries continue to be involved inasbestos-related litigation, according to the Company's Form 10-Qfiling with the U.S. Securities and Exchange Commission for thequarterly period ended June 30, 2012.

The historical business operations of Garlock Sealing TechnologiesLLC ("GST LLC") and The Anchor Packing Company ("Anchor") resultedin a substantial volume of asbestos litigation in which plaintiffsalleged that exposure to asbestos fibers in products produced orsold by GST LLC or Anchor, together with products produced andsold by numerous other companies, contributed to the bodilyinjuries or deaths of such plaintiffs. GST LLC and Anchormanufactured and/or sold industrial sealing products thatcontained encapsulated asbestos fibers. Other subsidiaries of thecompany that manufactured or sold equipment that may have atvarious times in the past contained asbestos-containing componentshave also been named in a number of asbestos lawsuits, but neitherthe Company nor any of its subsidiaries other than GST LLC andAnchor has ever paid an asbestos claim.

Since the first asbestos-related lawsuits were filed against GSTLLC in 1975, GST LLC and Anchor have processed more than 900,000claims to conclusion, and, together with insurers, have paid over$1.4 billion in settlements and judgments and over $400 million infees and expenses. The Company's subsidiaries' exposure toasbestos litigation and their relationships with insurancecarriers have been managed through a Coltec Industries Inc("Coltec") subsidiary, Garrison Litigation Management Group, Ltd.("Garrison").

On the Petition Date, GST LLC, Garrison and Anchor filed voluntarypetitions for reorganization under Chapter 11 of the United StatesBankruptcy Code in the Bankruptcy Court. The filings were theinitial step in a claims resolution process.

During the pendency of the Chapter 11 proceedings, certain actionsproposed to be taken by GST not in the ordinary course of businesswill be subject to approval by the Bankruptcy Court. As a result,during the pendency of these proceedings, the Company will nothave exclusive control over these companies. Accordingly, asrequired by GAAP, GST was deconsolidated beginning on the PetitionDate.

As a result of the initiation of the Chapter 11 proceedings, theresolution of asbestos claims is subject to the jurisdiction ofthe Bankruptcy Court. The filing of the Chapter 11 casesautomatically stayed the prosecution of pending asbestos bodilyinjury and wrongful death lawsuits, and initiation of new suchlawsuits, against GST. Further, the Bankruptcy Court issued anorder enjoining plaintiffs from bringing or further prosecutingasbestos products liability actions against affiliates of GST,including EnPro, Coltec and all their subsidiaries, during thependency of the Chapter 11 proceedings, subject to further order.As a result, the numbers of new claims filed against the Company'ssubsidiaries and, except as a result of the resolution of appealsfrom verdicts rendered prior to the Petition Date, the numbers ofclaims pending against them have not changed since the PetitionDate, and those numbers continue to be as reported in theCompany's 2009 Form 10-K and its quarterly reports for the firstand second quarters of 2010.

On the Petition Date, according to Garrison, there were more than90,000 total claims pending against GST LLC, and approximately5,800 claims alleging the disease mesothelioma. Mesothelioma is arare cancer of the protective lining of many of the body'sinternal organs, principally the lungs. The primary cause ofmesothelioma is believed to be exposure to asbestos. As a resultof asbestos tort reform during the 2000s, most active asbestos-related lawsuits, and a large majority of the amount of paymentsmade by the Company's subsidiaries, have been as a result ofclaims alleging mesothelioma. In total, GST LLC has paid $563.2million to resolve a total of 15,300 mesothelioma claims, andanother 5,700 mesothelioma claims have been dismissed withoutpayment.

In order to estimate the allowed amount for mesothelioma claimsagainst GST, the Bankruptcy Court approved a process whereby allcurrent GST LLC mesothelioma claimants were required to respond toa questionnaire about their claims. Questionnaires weredistributed to the mesothelioma claimants identified in Garrison'sclaims database. Many of the 5,800 claimants (over 700) have notresponded to the questionnaire at all, many others (more than1,700) have acknowledged that they do not have mesothelioma, orthat they cannot establish exposure to GST products, or that theirclaims were dismissed, settled or withdrawn. Still others haveresponded to the questionnaire but their responses are deficientin some material respect. As a result of this process, GST LLC andGarrison believe that less than 3,500 claimants now assert thatthey had mesothelioma claims against GST LLC as of the PetitionDate.

Since the Petition Date, many asbestos-related lawsuits have beenfiled by claimants against other companies in state and federalcourts, and many of those claimants might also have included GSTLLC as a defendant but for the bankruptcy injunction. Many ofthose claimants likely will make claims against GST in thebankruptcy proceeding.

The Company has consistently asserted that the asbestos-containingproducts manufactured or sold by GST could not have been asubstantial contributing cause of any asbestos-related disease.The asbestos in the products was encapsulated, which means theasbestos fibers incorporated into the products during themanufacturing process were sealed in binders. The products werealso nonfriable, which means they could not be crumbled by handpressure. The U.S. Occupational Safety and Health Administration,which began generally requiring warnings on asbestos-containingproducts in 1972, has never required that a warning be placed onproducts such as GST LLC's gaskets. Even though no warning labelwas required, GST LLC included one on all of its asbestos-containing products beginning in 1978. Further, gaskets such asthose previously manufactured and sold by GST LLC are one of thefew asbestos-containing products still permitted to bemanufactured under regulations of the U.S. EnvironmentalProtection Agency. Nevertheless, GST LLC discontinued allmanufacture and distribution of asbestos-containing products inthe U.S. during 2000 and worldwide in mid-2001.

GST LLC has had a record of success in trials of asbestos cases,especially before the bankruptcies of many of the historicallysignificant asbestos defendants, those who manufactured rawasbestos, asbestos insulation, refractory products or otherdangerous friable asbestos products. However, it has on occasionlost jury verdicts at trial. GST has consistently appealed when ithas received an adverse verdict and has enjoyed success in amajority of those appeals. The Company believes that GST LLC willcontinue to be successful in the appellate process, although therecan be no assurance of success in any particular appeal. GST LLCwon reversals of adverse verdicts in one of two recent appellatedecisions. In September 2011, the United States Court of Appealsfor the Sixth Circuit overturned a $500 thousand verdict againstGST LLC that was handed down in 2009 by a Kentucky federal courtjury. The federal appellate court found that GST LLC's motion forjudgment as a matter of law should have been granted because theevidence was not sufficient to support a determination ofliability. The Sixth Circuit's chief judge wrote that, "On thebasis of this record, saying that exposure to Garlock gaskets wasa substantial cause of [claimant's] mesothelioma would be akin tosaying that one who pours a bucket of water into the ocean hassubstantially contributed to the ocean's volume." In May 2011, athree-judge panel of the Kentucky Court of Appeals upheld GSTLLC's $700 thousand share of a jury verdict, which includedpunitive damages, in a lung cancer case against GST LLC inKentucky state court. This verdict, which was secured by a bondpending the appeal, was paid in June 2012. At June 30, 2012, threeadditional GST LLC appeals are pending from adverse decisionstotaling $2.4 million.

At June 30, 2012, the Company had $147.3 million of insurancecoverage the Company believes is available to cover current andfuture asbestos claims payments and certain expense payments. GSThas collected insurance payments totaling $47.3 million since thePetition Date, including $10 million collected in the secondquarter of 2012. Of the $147.3 million of available insurancecoverage remaining, the Company considers $144.6 million (98%) tobe of high quality because the insurance policies are written orguaranteed by U.S.-based carriers whose credit rating by S&P isinvestment grade (BBB-) or better, and whose AM Best rating isexcellent (A-) or better. The Company considers $2.7 million (2%)to be of moderate quality because the insurance policies arewritten with various London market carriers. Of the $147.3million, $111.3 million is allocated to claims that were paid byGST LLC prior to the initiation of the Chapter 11 proceedings andsubmitted to insurance companies for reimbursement, and theremainder is allocated to pending and estimated future claims.There are specific agreements in place with carriers covering$109.6 million of the remaining available coverage. Based on thoseagreements and the terms of the policies in place and priordecisions concerning coverage, the Company is of the view thatsubstantially all of the $147.3 million of insurance proceeds willultimately be collected, although there can be no assurance thatthe insurance companies will make the payments as and when due.The $147.3 million is in addition to the $14.6 million collectedin the first half of 2012. Based on those agreements and policies,some of which define specific annual amounts to be paid and othersof which limit the amount that can be recovered in any one year,the Company anticipates that $36.9 million will become collectibleat the conclusion of GST's Chapter 11 proceeding and that thefollowing amounts will be collected in the years set outregardless of when the case concludes:

2012 ? $5.7 million (in the second half of the year) 2013 ? $22.7 million 2014 ? $20 million 2015 ? $20 million 2016 ? $18 million 2017 ? $13 million 2018 ? $11 million

In addition, GST LLC has received $6.7 million of insurancerecoveries from insolvent carriers since 2007 (including $3.9million in the first six months of 2012) and may receiveadditional payments from insolvent carriers in the future. Noanticipated insolvent carrier collections are included in the$147.3 million of anticipated collections. The insurance availableto cover current and future asbestos claims is from comprehensivegeneral liability policies that cover Coltec and certain of itsother subsidiaries in addition to GST LLC for periods prior to1985 and therefore could be subject to potential competing claimsof other covered subsidiaries and their assignees.

The Company's recorded asbestos liability as of the Petition Datewas $472.1 million. The Company based that recorded liability onan estimate of probable and estimable asbestos personal injuryclaims under generally accepted accounting principles, made by theCompany, with the assistance of Garrison and an estimation expert,Bates White, retained by GST LLC's counsel. The estimate was anestimate of the most likely point in a broad range of potentialamounts that GST LLC might have to pay to resolve asbestos claims(by settlement in the majority of the cases except those dismissedor tried) over the following ten-year period in the state courtsystem, plus accrued but unpaid legal fees. The estimate, whichwas not discounted to present value, did not reflect GST LLC'sviews of its actual legal liability; GST LLC has continuouslymaintained that its products could not have been a substantialcontributing cause of any asbestos disease. Instead, the liabilityestimate reflected GST LLC's recognition of the fact that mostclaims would be resolved more efficiently and at a significantlylower cost through settlements without any actual liabilitydetermination.

Neither the Company nor GST has endeavored to update the estimatesince the Petition Date except as necessary to reflect payments ofaccrued fees and the disposition of cases on appeal. As a resultof those necessary updates, the liability estimate atJune 30, 2012 was $466.8 million. In each asbestos-driven Chapter11 case that has been resolved previously, the amount of thedebtor's liability has been determined as part of a consensualplan of reorganization agreed to by the debtor and its creditors,including asbestos claimants and a representative of potentialfuture claimants. GST does not believe that there is a reliableprocess by which an estimate of such a resolution can be made andtherefore believes that there is no basis upon which it can revisethe estimate last updated prior to the Petition Date.In a proposed plan of reorganization filed by GST and opposed byclaimant representatives, GST has proposed to resolve all pendingand future claims. GST has estimated that the amounts to be paidinto the Trust created by the plan for payments to futureclaimants plus the indemnity costs incurred under the plan to paypresent claimants would be approximately $270 million. Claimantrepresentatives, on the other hand, have asserted that GST'sliability exceeds the value of GST.

The Company has offered to fund $30 million of the proposedsettlement in order to resolve any and all derivative claimsagainst it, and to guarantee the obligations of GST under theproposed plan. That offer is incorporated into the terms of theproposed plan and is only offered in the context of that plan,which would result in the equity interests of GST being retainedby GST's equity holder and the reconsolidation of GST into theCompany, and an injunction protecting the Company from future GSTclaims.

The Company cannot predict when a plan of reorganization for GSTLLC might be approved and effective; however, an estimation trialfor the purpose of determining the number and value of allowedmesothelioma claims for plan feasibility purposes has beententatively scheduled for April 2013. The Company believes thatGST will present compelling defenses at the estimation trial that,among other things, GST's products could not have been asubstantial contributing cause of any asbestos-related disease andthat therefore the amounts that will be paid under its proposedplan would be far more than sufficient to fully fund its actuallegal liability. There are many potential hurdles to planconfirmation, including appeals, that could arise during and afterthe estimation trial.

Duke Energy Carolinas has experienced numerous claims forindemnification and medical cost reimbursement relating to damagesfor bodily injuries alleged to have arisen from the exposure to oruse of asbestos in connection with construction and maintenanceactivities conducted on its electric generation plants prior to1985. As of June 30, 2012, there were 188 asserted claims for non-malignant cases with the cumulative relief sought of up to $47million, and 58 asserted claims for malignant cases with thecumulative relief sought of up to $21 million. Based on DukeEnergy Carolinas' experience, it is expected that the ultimateresolution of most of these claims likely will be less than theamount claimed.

Amounts recognized as asbestos-related reserves related to DukeEnergy Carolinas in the respective Condensed Consolidated BalanceSheets totaled $776 million and $801 million as of June 30, 2012and December 31, 2011, respectively, and are classified in Otherwithin Deferred Credits and Other Liabilities and Other withinCurrent Liabilities. These reserves are based upon the minimumamount in Duke Energy Carolinas' best estimate of the range ofloss for current and future asbestos claims through 2030.Management believes that it is possible there will be additionalclaims filed against Duke Energy Carolinas after 2030. In light ofthe uncertainties inherent in a longer-term forecast, managementdoes not believe that they can reasonably estimate the indemnityand medical costs that might be incurred after 2030 related tosuch potential claims. Asbestos-related loss estimates incorporateanticipated inflation, if applicable, and are recorded on anundiscounted basis. These reserves are based upon currentestimates and are subject to greater uncertainty as the projectionperiod lengthens. A significant upward or downward trend in thenumber of claims filed, the nature of the alleged injury, and theaverage cost of resolving each such claim could change thecompany's estimated liability, as could any substantial orfavorable verdict at trial. A federal legislative solution,further state tort reform or structured settlement transactionscould also change the estimated liability. Given the uncertaintiesassociated with projecting matters into the future and numerousother factors outside the company's control, management believesthat it is possible Duke Energy Carolinas may incur asbestosliabilities in excess of the recorded reserves.

Duke Energy Carolinas has a third-party insurance policy to covercertain losses related to asbestos-related injuries and damagesabove an aggregate self insured retention of $476 million. DukeEnergy Carolinas' cumulative payments began to exceed the selfinsurance retention on its insurance policy in 2008. Futurepayments up to the policy limit will be reimbursed by Duke EnergyCarolinas' third party insurance carrier. The insurance policylimit for potential future insurance recoveries forindemnification and medical cost claim payments is $968 million inexcess of the self insured retention. Insurance recoveries of $813million related to this policy are classified in the respectiveCondensed Consolidated Balance Sheets in Other within Investmentsand Other Assets and Receivables as of both June 30, 2012 andDecember 31, 2011, respectively. Duke Energy Carolinas is notaware of any uncertainties regarding the legal sufficiency ofinsurance claims. Management believes the insurance recovery assetis probable of recovery as the insurance carrier continues to havea strong financial strength rating.

Duke Energy Ohio has been named as a defendant or co-defendant inlawsuits related to asbestos at its electric generating stations.The impact on Duke Energy Ohio's consolidated results ofoperations, cash flows or financial position of these cases todate has not been material. Based on estimates under varyingassumptions concerning uncertainties, such as, among others: (i)the number of contractors potentially exposed to asbestos duringconstruction or maintenance of Duke Energy Ohio generating plants;(ii) the possible incidence of various illnesses among exposedworkers, and (iii) the potential settlement costs without federalor other legislation that addresses asbestos tort actions, DukeEnergy Ohio estimates that the range of reasonably possibleexposure in existing and future suits over the foreseeable futureis not material. This estimated range of exposure may change asadditional settlements occur and claims are made and more case lawis established.

ASBESTOS UPDATE: MRC Global Had 1,036 Asbestos Claims at June 30----------------------------------------------------------------MRC Global Inc., as of June 30, 2012, is a defendant in lawsuitsinvolving approximately 1,036 asbestos claims, according to theCompany's Form 10-Q filing with the U.S. Securities and ExchangeCommission for the quarterly period ended June 30, 2012.

The Company states: "We are involved in various legal proceedingsand claims, both as a plaintiff and a defendant, which arise inthe ordinary course of business. These legal proceedings includeclaims that individuals brought against a large number ofdefendant entities, including us, seeking damages for injuriesthat certain products containing asbestos allegedly caused. As ofJune 30, 2012, we are a defendant in lawsuits involvingapproximately 1,036 of these claims. Each claim involvesallegations of exposure to asbestos-containing materials by anindividual or his or her family members. The complaints typicallyname many defendants. In a majority of these lawsuits, little orno information is known regarding the nature of the plaintiff'salleged injuries or their connection with products that wedistributed. Through June 30, 2012, lawsuits involving 11,913claims have been brought against us. No asbestos lawsuit hasresulted in a judgment against us to date, with the majority beingsettled, dismissed or otherwise resolved. In total, since thefirst asbestos claim brought against us in 1984 through December31, 2011, approximately $1.8 million has been paid to asbestosclaimants in connection with settlements of claims against uswithout regard to insurance recoveries. There has been anincrease in the number of claims filed since the fiscal yearending December 31, 2007. We believe that this increase isprimarily due to an increase in the marketing efforts by personalinjury law firms in West Virginia and Pennsylvania. Although we donot know whether this is a trend that will continue in the nearterm, in the long term, we anticipate that asbestos-relatedlitigation against us will decrease as the incidence of asbestos-related disease in the general U.S. population decreases.

"We annually conduct analyses of our asbestos-related litigationto estimate the adequacy of the reserve for pending and probableasbestos-related claims. These analyses consist of separatelyestimating our reserve with respect to pending claims (both thosescheduled for trial and those for which a trial date had not beenscheduled), mass filings (including lawsuits brought in WestVirginia each involving many, in some cases over a hundred,plaintiffs, which include little information regarding the natureof each plaintiff's claim and historically have rarely resulted inany payments to plaintiff) and probable future claims. A keyelement of the analysis is categorizing our claims by the type ofdisease the plaintiffs allege and developing "benchmark" estimatedsettlement values for each claim category based on our historicalsettlement experience. These estimated settlement values areapplied to each of our pending individual claims. With respect topending claims where the disease type is unknown, the outcome isprojected based on historic experience. The reserve with respectto mass filings is estimated by determining the number ofindividual plaintiffs included in the mass filings likely to haveclaims resulting in settlements based on our historical experiencewith mass filings. Finally, we estimate the value of probableclaims that plaintiffs may assert against us over the next 15years based on public health estimates of future incidences ofcertain asbestos-related diseases in the general U.S. population.Estimated settlement values are applied to those projected claims.Our annual assessment, dated September 30, 2011, projected thatour payments to asbestos claimants over the next 15 years areestimated to range from $5 million to $11 million. Given theseestimates and existing insurance coverage that historically hasbeen available to cover substantial portions of our past paymentsto claimants and defense costs, we believe that our currentaccruals and associated estimates relating to pending and probableasbestos-related litigation likely to be asserted over the next 15years are currently adequate."

MRC Global Inc., formerly known as McJunkin Red Man HoldingCorporation is a holding company. The Company is the distributorof pipe, valves and fittings (PVF) and related products andservices to the energy industry.

ASBESTOS UPDATE: Huntington Ingalls Continues to Defend Claims--------------------------------------------------------------Huntington Ingalls Industries, Inc., continues to defend asbestos-related claims, according to the Company's Form 10-Q filing withthe U.S. Securities and Exchange Commission for the quarterlyperiod ended June 30, 2012.

HII and its predecessors-in-interest are defendants in alongstanding series of cases filed in numerous jurisdictionsaround the country, wherein former and current employees andvarious third-party persons allege exposure to asbestos containingmaterials while on or associated with HII premises or whileworking on vessels constructed or repaired by HII. The casesallege various injuries, including those associated with pleuralplaque disease, asbestosis, cancer, mesothelioma and other allegedasbestos related conditions. In some cases, several of HII'sformer executive officers are also named as defendants. In someinstances, partial or full insurance coverage is available to theCompany for its liability and that of its former executiveofficers. Although the Company believes the ultimate resolution ofthese cases will not have a material effect on its consolidatedfinancial position, results of operations or cash flows, it cannotpredict what new or revised claims or litigation might be assertedor what information might come to light and can, therefore, giveno assurances regarding the ultimate outcome of asbestos relatedlitigation.

ASBESTOS UPDATE: Imperial Industries Continue to Defend PI Suits----------------------------------------------------------------Imperial Industries, Inc., and its wholly-owned subsidiary,Premix-Marbletite Manufacturing Co., continue to defend asbestos-related litigation, according to the Company's Form 10-Q filingwith the U.S. Securities and Exchange Commission for the quarterlyperiod ended June 30, 2012.

The Company states: "Premix is a defendant together withnon-affiliated parties in nineteen claims (ten of which includeImperial as a defendant) which allege bodily injury due toexposure to asbestos contained in products manufactured in excessof thirty (30) years ago. The table lists each of these pendingclaims, in addition to the court in which the action is pendingand the date that Premix and/or Imperial was served with thecomplaint.

"During the six months ended June 30, 2012, three cases weredismissed, which did not result in any additional costs to us orour insurance carriers.

"We believe that Premix and Imperial have meritorious defenses toeach of the claims. We have identified at least ten (10) of ourprior insurance carriers including both primary andexcess/umbrella liability carriers that have provided liabilitycoverage to us, including potential coverage for alleged injuriesrelating to asbestos exposure. Several of these insurance carriershave been and continue to provide a defense to Premix and Imperialunder a reservation of rights in all of the asbestos cases.Certain of these underlying insurance carriers have deniedcoverage to Premix and Imperial on the basis that certainexclusions preclude coverage and/or that their policies have beenexhausted. In June of 2009, one such carrier filed suit in Miami-Dade Circuit Court against Premix and Imperial, wherein thecarrier sought a declaration from the Court that its insurancepolicies do not provide coverage for the asbestos claims againstPremix and Imperial. We believed that we had meritorious defensesto these claims, and filed a counterclaim against the carrier forbreach of contract. In December 2010, Premix, Imperial and thiscarrier resolved their dispute, with the carrier paying asettlement of $500,000 to Premix and Imperial. As part of thesettlement, there is no longer coverage available under thatdisputed policy. During the first quarter of 2011, we resolved adispute with a carrier regarding primary-layer insurance coverage,which resulted in this carrier paying a settlement of $325,000 toPremix and Imperial, which was recorded as income reflected aslitigation settlement during the first quarter of 2011 in theaccompanying condensed consolidated statement of operations. Aspart of the settlement, there is no longer coverage availableunder that disputed policy. Notwithstanding the foregoing, webelieve, when considering that Imperial and Premix havesubstantial umbrella/excess coverage for these claims, that wehave more than adequate insurance coverage for these asbestosclaims and such policies are not subject to self-insured retention("SIR")."

Imperial Industries, Inc., through its wholly-owned subsidiary,Premix-Marbletite Manufacturing Co., is primarily involved in themanufacture and sale of exterior and interior finishing wallcoatings and mortar products for the construction industry, aswell as the purchase and resale of building materials from othermanufacturers. The Company has three other subsidiaries, Just-Rite Supply, Inc. ("Just-Rite"), DFH, Inc. ("DFH"), formerly knownas Acrocrete, Inc. ("Acrocrete") and Triple I Leasing, Inc. Noneof these subsidiaries have any continuing operations.

This material is copyrighted and any commercial use, resale orpublication in any form (including e-mail forwarding, electronicre-mailing and photocopying) is strictly prohibited without priorwritten permission of the publishers.

Information contained herein is obtained from sources believed tobe reliable, but is not guaranteed.

The CAR subscription rate is $575 for six months delivered viae-mail. Additional e-mail subscriptions for members of the samefirm for the term of the initial subscription or balance thereofare $25 each. For subscription information, contact Peter Chapmanat 240/629-3300.